|CITATION||(2012) 4 SCC 107|
|COURT||Supreme Court of India|
|JUDGES/CORAM||Justice A.K. Patnaik and Justice Swatanter Kumar|
|DATE OF JUDGEMENT||23.02.2012|
This case was filed as a Special Leave Petition (SLP) under Article 136 of the Constitution of India against the conviction of the Appellant under Sections 364, 376, 377, 302 and 201 of the Indian Penal Code (for short `IPC’) as well as the sentences of imprisonments and death awarded by the learned Additional Sessions Judge.
The facts of the case are as follows: Radhey Shyam, on 19.03.2005 lodged a FIR at the Daurala Police Station in District Meerut at 21:15 hours alleging that while his mother Manno and wife Shakuntala were present at house, his neighbour Amit, the appellant, took away his daughter Monika, aged 3 years, from his house on the pretext that he would give biscuits to her but neither his daughter nor the appellant returned and when at about 5.00 p.m. the appellant came back to his house, he inquired about the whereabouts of Monika, but the appellant did not reply and ran away. Therefore, the offence under Section 364, Indian Penal Code 1860, was registered against him.
The appellant was apprehended on 20.03.2005 near the Pawli Khas Railway Station, Modipuram, P. S. Daurala in District Meerut and his shirt, which bore blood-stains on its right arm, was taken off from his person. On the statement of the appellant, the dead body of Monika kept in a plastic bag was recovered from the wheat field in the out skirts of village Palhara in the presence of Radhey Shyam and Iqbal Singh. A pair of green colour chappals, which were blood-stained, was also recovered from the corner of a room of the house of the appellant on the statement of the appellant in presence of Radhey Shayam and Iqbal Singh.
The shirt of the appellant and the chappals, frock, underwear of Monika and a back thread were sent to the Forensic Science Laboratory Uttar Pradesh, Agra, which confirmed presence of human blood and human sperms on some of these materials. After thorough investigation, charge sheet was filed against the appellant under Sections 364, 376, 377, 302 and201, IPC, and charges were accordingly framed by the learned Additional Sessions judge.
The main issue in the case was: Whether or not the appellant should be convicted for the charges mentioned against him under the Indian Penal Code.
Summary of court decision and judgement
The Supreme Court convicted the appellant for the different offences as well as the sentences of imprisonment awarded by the Trial Court for the offences. In addition, the Supreme Court converted the sentence of death to life imprisonment for the offence under Section 302 Indian Penal Code and further directed that the life imprisonment shall extend to the full life of the appellant.
In this case, the findings of the Supreme Court were appropriate. The Court appreciated the evidences adduced before the lower courts. The case was decided correctly and justice was done to the parties.
In a criminal case like this, the Court has to look carefully at each stage starting from lodging of an FIR, the statements given by the witnesses, the evidence produced before the court. It is not easy to arrive at the decision without getting into the deep details of the case. The Supreme Court in this case looked into every matter in an appropriate manner and then arrived at a decision, which was justified.