158
A
SUPREME COURT REPORTS
[2023] 8 S.C.R.
27.11.2014 rendered in Sessions Case No.407/2010, convicted the
accused in connection with all the offences and imposed capital
punishment for the charge under Section 302 IPC and sentence of
imprisonment for other offences. Hereinbelow is a tabular representation
of the sentences as imposed by the Trial Court:
B
C
D
E
4. Such findings of fact and conviction, including that of the death
sentence imposed were affirmed by the High Court of Bombay, being
the first Court of Appeal in both the proceedings. The reference was
also answered in terms of common judgment dated 13-14.10.2015
rendered in Criminal Appeal No.88/2015 and Criminal Confirmation Case
No.4/2014.
Hence, the present appeals preferred by the appellant.
F
G
H
5. The courts below concurrently found the prosecution to have
established the case beyond reasonable doubt, i.e., the appellant after
sexually assaulting a minor girl (aged six years) put her to death. Also, in
an attempt to destroy the evidence threw her into a ‘nala’ (drain) and
concealed material evidence of crime.
6. At the threshold, we may point out that it is a case of
circumstantial evidence, as none has witnessed the crime for which the
appellant stands charged for. The prosecution case is primarily based,
not on ocular evidence but on the confessional statement of the appellant
leading to the recovery of incriminating articles and through scientific
analysis establishing his guilt. The sheet-anchor of the case being the
DNA analysis report stating the semen of the appellant found on the
undergarments of the prosecutrix (nicker) and the vaginal smear slide of
the prosecutrix.
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