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(1) S.C.No.463/2009 (Judgment) Received on : 18.09.2009 Registered on : 23.09.2009 Decided on : 24.01.2012. Duration : 02 Y, 04 M 06 D IN THE COURT OF ADDITIONAL SESSIONS JUDGE3, AURANGABAD AT AURANGABAD. (Presided over by : S.N.Pathak) SESSIONS CASE NO.463/2009 State of Maharashtra through Jinsi Police Station, Aurangabad. Versus 1) Pradip s/o Askaran Chandaliya, age:47 years, R/o Pundliknagar, Jadhavwadi, Aurangabad. 3) : Complainant Jawedkhan @ Tingrya s/o Habibkhan, : Accused Age: 21 years, r/o Dukhinagar, Tq.& Dist. Jalna. 2) Exh203 Ram s/o Sheshrao Bodkhe, Age: 32 years, r/o Raje Sambhaji Colony, Jadhavwadi, Aurangabad.

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Jawed Khan

CASE BRIEF

Jurisdiction

India

Nationalities

Indian

Case Title: Jawed Khan @ Tingrya v. State of Maharashtra

Age at Offence: 21

Age Group at Offence: Adult (18 to 59)

Gender: Male

Religious Group at Offence: Islam

Vulnerable/ Marginalised Group

Minorities: Caste
Minorities: Ethnicity
Minorities: Religion

Jurisdiction - Geolocation

Latitude: 20.5937

Longitude: 78.9629

Jurisdiction - Geolocation (linked CASE BRIEF): India

Contributing TRP Partner

The Square Circle Clinic (India)

Latest Country's Death Penalty Status

Retentionist

Case Current Status: Closed: Commuted

Year when sentenced to Death Row: 2010s: 2012

Method of Execution: Hanging

Rights Allegedly Violated

Fair Trial and Due Process: Excessive and disproportionate punishment

Nature of Offences for Death Penalty

Other
Murder: Single Victim

Expert Evidence

Forensic/Medical evidence: Autopsy/Post mortem
Forensic/Medical evidence: DNA/Serology/Biology
Forensic/Medical evidence: Mobile/Computer/Digital evidence

Case Background (300 words max): The accused allegedly robbed, raped, and killed one person. The key circumstances against the accused are: DNA evidence (match between sample collected and accused's DNA); mobile phone and gold ring stolen was retrieved from persons whom the accused admitting giving the materials to; and the accused showed readiness to produce the clothes of the complainant (deceased’s brother) which he had worn after the incident. The Trial Court had found the appellant guilty of the offence and had sentenced him to life imprisonment on 24.01. 2012. The state felt aggrieved by the sentence of life imprisonment given to the appellant and preferred an appeal for enhancing the sentence. The High Court modified the sentence to death on 08.03.2016. The Supreme Court however commuted the sentence of the High Court and restored the sentence awarded by the Trial Court on 06.02.2016.

Defence Arguments (200 words max.): The Supreme Court judgment does not provide a detailed account of the defence's arguments. However, it notes that the defence questioned the reliability of police recoveries, citing unspecified loopholes. The defence also challenged the credibility of the DNA evidence, pointing to irregularities/infirmities.

Judgement with Headnotes (200 words max)

In upholding the Trial Court’s sentence, the Supreme Court made the following observations:

Despite minor discrepancies in the DNA analysis, the Court found the DNA evidence to be compelling, establishing the charge against the accused beyond a reasonable doubt.
The accused’s alleged involvement in five instances of housebreaking and two instances of theft could not be considered as an aggravating factor, as he was never convicted of these offences.
Given the accused’s satisfactory conduct in jail and his progress in education—completing the Bachelor Preparatory Programme and pursuing a B.A. degree while in jail—the Court considered him to be on a path of reform and thus commuted his sentence.

Legal Representation Received

Appeal: Pro bono
Pre-trial: Unknown
Trial: Unknown

Legislation Related to the Offence(s): Indian Penal Code, 1860, (IPC) - Sections 302, 376, 456, 457, 458, 392, 397, and 201

Judicial Precedents: No judicial precedents were cited in the Supreme Court Order. The High Court judgment cited: Bachan Singh v. State of Punjab, Macchi Singh v. State of Punjab, State of Rajasthan v. Kheraj Ram, and State of Maharashtra v Shatrughna Baban Meshram.

Case Brief Entry Status: Complete

Language of Case Materials

English

Primary Documents

HC_Jawed Khan v. State of Maharashtra.pdf
English
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Jawed Khan SC Commutation.pdf
English
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TC_State of Maharashtra v. Jawed Khan.pdf
English
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Death Penalty Defence - Asia

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Jawed Khan

Primary Documents

Notifications