Lochan Srinivas
案件摘要- 司法管轄
- 國籍
- 印度人
- 案件標題
- Lochan Srinivas v. State of Chhatisgarh
- 作案時年齡
- 22
- 作案時年齡組
- 成年人 (18至59歲)
- 性别
- 男性
- 犯罪時的宗教信仰
- 印度教
- 弱勢 / 邊緣群體身份
- 社會經濟地位
- 司法轄區 - 地理定位
緯度: 20.5937
經度: 78.9629
- 司法轄區 - 地理定位 (已連結 案件摘要)
- 印度
- 瑞慈合作機構
- The Square Circle Clinic (印度)
- 該國最新死刑狀態
- 保留死刑
- 案件現狀
- 已結案: 減刑
- 判處死刑年份
- 2010s: 2016
- 執行方式
- 絞刑
- 涉嫌侵犯的權利
- 公正審判與正當程序權利: 在各階段獲得充分法律代理的權利
- 公正審判與正當程序權利: 處罰過重或不成比例
- 死刑所涉罪名的性質
- 謀殺: 一名受害者
- 專家證據
- 法醫 / 醫學證據: 屍檢 / 死後檢驗
- 法醫 / 醫學證據: 微量證據(毛髮、纖維、油漆、玻璃等)
- 法醫 / 醫學證據: 醫學檢查(被害人 / 被告,年齡鑑定等)
- 案件背景 (最多300字)
The case against the accused is that he kidnapped, raped and murdered a three year old minor girl, his neighbour. The circumstances against the accused are: confession to the police; recovery (body of the victim, victim’s clothes) based on accused’s directions and; blood found under accused’s nails; victim’s vaginal slide had human sperm.
The trial court convicted the accused and awarded a death sentence on 17.06.2016, and the High Court confirmed it on 17.11.2017. The Supreme Court maintained the judgement and order of conviction under the relevant sections, but commuted the sentence to life imprisonment, on 14.12.2021. The judgment is relevant because of the Court stating importance of accused persons to have the ability to access legal representation and be given a fair chance to defend themselves.
The judgment is relevant because of the Court stating importance of accused persons to have the ability to access legal representation and be given a fair chance to defend themselves.
- 辯方意見 (最多200字)
Recovery Evidence
- The recovery of the body was made from an open place, accessible to all, and thus not reliable.
- Forensic reports were inconclusive - thus the prosecution failed to establish the link between the recovered materials and the crime.
- The constable’s account revealed that the police were aware of the place of recovery even before the recovery was made
- The finding of blood on the accused was rendered useless due to the long delay in the seizure and sending of the sample to the forensics lab.
- It is unlikely that a photographer could have been found in the early hours of the morning, casting photography and videography evidence doubtful. No fair trial
- The District Bar Association had passed a resolution that no lawyer would appear for the accused
- The lawyer appointed by the court was not given sufficient opportunity to defend the case, as the evidence of the prosecution’s case was recorded on the same day that the lawyer was appointed.
- The trial court recorded the judgment and order of conviction, and the sentence on the very same day without giving an appropriate opportunity to the accused. Disproportionate punishment
- The trial court and High Court only took the aspect of the crime into consideration, and not the criminal, with respect to his socioeconomic background.
- The lower courts did not consider the possibility of reform or rehabilitation.
- 判决摘要 (最多200字)
The SC accepted that the prosecution had proven beyond reasonable doubt that the accused was guilty, employing the following reasoning: Circumstantial Evidence: Held that that in cases of circumstantial evidence, the chain of evidence must show the accused to be guilty within all human probability and the circumstances must be fully established and conclusive. Recovery Evidence: 1) Even though evidence may have been recovered from an open and accessible place, that does not render it inadmissible, especially if it was sealed or concealed, 2) The accused was well aware of the site from where the victim’s body was recovered, and 3) It is possible to exclude some circumstances (here, relating to the seizure of the victim’s nails by a barber, not a forensics expert and failure of the serologist in detecting the origin of blood ), as other circumstances have proven the guilt of the accused conclusively On mitigating factors, the Court held that: Access to a Fair Defence: Accepted all of the defence’s arguments that that the accused did not have fair access to legal representation. Proportionate Sentence: Accepted all of the defence’s arguments that the trial court and High Court only considered the crime, and not the criminal/his state of mind/socioeconomic background, and the prosecution did not consider any evidence as to the possibility of the accused’s reform/rehabilitation. The Court considered that the accused was young, from a rural background, was studious and hardworking, made efforts to bring his family out of poverty, had no criminal antecedents/was a hardened criminal, and had displayed satisfactory conduct while in prison. Other Issues: Affirmed that prosecution must stand on the strength of its own case, and cannot derive any strength from the weakness of the defence.
- 獲得法律代理的情況
- 第二次上訴階段: 公益律師
- 審判階段: 國家法律援助
- 上訴階段: 國家法律援助
- 偵查前階段: 未知
- 與罪名相關的立法
Sections 363, 366, 376(2)(i), 377, 201, 302 read with Section 376A - Indian Penal Code, 1860 (IPC); Section 6 - Protection of Children from Sexual Offences Act, 2012 (POCSO)
- 司法判例
Hanumant v State of Madhya Pradesh; Sharad Birdhichand Sarda v State of Maharashtra; Shivaji Sahabrao Bobade v State of Maharashtra; Prakash Chand v. State (Delhi Administration); Himachal Pradesh Administration v. Shri Om Prakash; A.N. Venkatesh and Another v. State of Karnataka; State of Himachal Pradesh v Jeet Singh; John Pandian v State; Krishan Mohan Singh Dugal v State; Nilesh Dinkar Paradkar v. State of Maharashtra; R Shaji v State of Kerala; Prabhu Babaji Navle v. State of Bombay; Raghav Prapanna Tripathi v. State of U.P.; State of Rajasthan v. Teja Ram; Gura Singh v. State of Rajasthan; John Pandian v. State; Sunil Clifford Daniel v. State of Punjab; Mohd. Mannan alias Abdul Mannan v. State of Bihar; Mofil Khan and Another v. The State of Jharkhand; Santosh Kumar Satishbhushan Bariyar v. State of Maharashtra; Rajendra Pralhadrao Wasnik v. State of Maharashtra; Sunil v State of Madhya Pradesh
- 案件材料語言
- 英語