Veerendra

案件摘要
司法管轄
國籍
  • 印度人
案件標題
Veerendra v. State of Madhya Pradesh
作案時年齡
25
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: 2014
執行方式
絞刑
死刑所涉罪名的性質
  • 性暴力: Rape
  • 謀殺: 一名受害者
專家證據
  • 法醫 / 醫學證據: DNA / 血清學 / 生物學
  • 法醫 / 醫學證據: 屍檢 / 死後檢驗
案件背景 (最多300字)

The accused was convicted for the rape and murder of his 8 year old niece. The key circumstances against the accused are: Recovery evidence (victim’s body and clothes), post-mortem report (suggesting rape, and asphyxiation as cause of death), last seen witness (victim last seen with accused, thereafter found dead), chance witness (saw the accused leave the scene of crime, and forensic evidence (semen and blood present on accused and victim’s clothes). The Trial Court convicted the accused and sentenced him to death 2014, and the High Court confirmed the same in 14.07.2016. The Supreme Court upheld the conviction but commuted the sentence to life imprisonment without remission for 30 years in 13.05.2022.

辯方意見 (最多200字)
  1.    Though semen and blood was found on the accused and deceased’s clothes, the forensic report was inconclusive and did not connect the accused to the blood and semen found (no DNA analysis was conducted). 

  2.    Date of Birth of the Victim was not proved by producing school records. 

  3.    The last seen witness testimonies may not be relied upon as they did not inform the police at the first instance. 

  4.    Testimony of the chance witness may not be considered as his statement was taken at a belated stage. Defence also argued that the testimony of chance witnesses is not creditworthy. 

  5.    The witness examined for seizure and recovery memos was the grandfather of the deceased, the defence argued that the witness being related to the deceased should discredit the testimony.
判决摘要 (最多200字)

While upholding the conviction and commuting the sentence, the Supreme Court held the following:

  1.    Failure to conduct DNA analysis alone cannot be permitted to decide the fate of trial for the offence of rape, other material on record must be weighed to arrive at a conclusion.

  2.    Despite thorough cross examination of the grandfather who was the witness for seizure and recovery memos, nothing was elicited to discredit him. Hence, his relation to the deceased alone cannot discredit his testimony. 

  3.    Defining a witness as “chance witness” alone does not discredit his testimony.

  4.    Maternal grandparents of the deceased had stated the victim’s age to be 7-8 years, and the father of the deceased had deposed of the victim studying in Class 1 of a government school. Even the autopsy done reported the age of the deceased to be 8.

  5.    Since the accused had no criminal antecedents, hails from a poor socio-economics backgrounds, and was only 25 years old at the time of commission, the Court found no reason to rule out the possibility of reform.
獲得法律代理的情況
  • 第二次上訴階段: 公益律師
  • 上訴階段: 未知
  • 偵查前階段: 未知
  • 審判階段: 未知
與罪名相關的立法

Code of Criminal Procedure, 1973 (CrPC) - Sections 43, 53A, 161, 313, 318, and 354(3) Indian Evidence Act, 1872 - Sections 6 and 106 Indian Penal Code, 1860 (IPC) - Section 120B, 201, 300, 302, 304, 341, 364, 364A, 376, and 376A Protection of Children from Sexual Offences Act, 2012 (POCSO) - Sections 3, 5, and 6

司法判例

Rajendra Pralhadrao Wasnik vs. State of Maharashtra; Tahsildar Singh and Ors. vs. The State of Uttar Pradesh; Pudhu Raja and Ors. vs. State, rep. by Inspector of Police; State of Haryana vs. Bhagirath and Ors.; Mayur Panabhai Shah vs. State of Gujarat; State of West Bengal vs. Mir Mohammad Omar and Ors.; Sunil vs. State of Madhya Pradesh; Krishan Kumar Malik vs. State of Haryana; Mohd. Arif and Ors. vs. Registrar, Supreme Court of India and Ors.; Nizam and Ors. vs. State of Rajasthan; State of Rajasthan vs. Kashi Ram; In Re: Naina Mohamed; Arabindra Mukherjee vs. State of West Bengal; Pattu Rajan vs. The State of Tamil Nadu; Dalip Singh and Ors. vs. State of Punjab; Khurshid Ahmed vs. State of Jammu and Kashmir; Sukhar vs. State of Uttar Pradesh; Chanakya Dhibar (Dead) vs. State of West Bengal and Ors.; Govindaraju vs. State and Ors.; Jaharlal Das vs. State of Orissa; Md. Mannan vs. State of Bihar; State of West Bengal vs. Dipak Halder and Ors.; Kansa Behera vs. State of Orissa; R. Shaji vs. State of Kerala; Trimukh Maroti Kirkan vs. State of Maharashtra; Shankar Kisanrao Khade vs. State of Maharashtra; Swami Shraddananda vs. State of Karnataka; Union of India (UOI) vs. V. Sriharan and Ors.

案件材料語言
  • 英語