LexAMIT @ AMMU versus STATE OF MAHARASHTRA
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AMIT@AMMU A v. ST A TE OF MAHARASHTRA AUGUST 6, 2003 [Y.K. SABHARWAL AND BRIJESH KUMAR, JJ.] B Indian Penal Code, 1860: Ss. 376 and 302-Rape and murder of a minor girl-Victim last seen with the accused on the fateful day-Body of the victim located next day- , C Prosecution case supported by medical evidence, statement of witnesses who had seen the girl with the accused previous day and saw her dead body next day, as also by recovery of articles-Conviction and sentence of death for offence u/s 302 and JO years R.l. for offence u/s 376 awarded by Court of Session-Confirmed by High Court-Held, death as suggested by medical D evidence took place just about the time the deceased and the accused were last seen together-No explanation has been offered by appellant in his statement recorded u/s 313 Cr.P.C.-His defence is of complete denial- Convictionfor offences u/ss. 302 and 376 has been rightly recorded by Court of Session and affirmed by High Court-As regard sentence, considering the age of accused at the time of incident, there being no record of any previous E heinous crime nor any evidence to show that he would be a danger to the society, the sentence is commuted to life imprisonment for offence u/s 302- The case does not fall in the category of rarest of rare cases-Circumstantial evidence-Sentencing. Mohibur Rahman and Anr. v. State of Assam, [2002) 6 SCC 715, relied F on. CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 376 of 2003. From the Judgment and Order dated 4.2.2003 of the Bombay High G Court in Crl. A: No. 625 of 2002 in Confirmation Case No. I of 2002. M.R. Daga, C.R. Thakur and R.S. Lambat for the Appellant. Ravindra Keshavaro Adsure for the Respondent 285 H 286 SUPREME COURT REPORTS [2003) SUPP. 2 S.C.R. A The following Order of the Court was delivered B The dead body of deceased, a young child aged about 11-12 years and student of VI standard, was first sighted by PW! on 29th March, 2001 at about 3.45 p.m. Immediately, he reported the matter to the concerned police station. His oral report was recorded into writing i.e FIR Ex. No. 28. On Ex. 28, it has been recorded that on 29th March, 200 I, PWI accompanied by Ajay PWII, had gone to the rear portion of a place known as Gaimukh for grazing she-buffaloes. One of the buffaloes went· in a dilapidated building close-by. In order to drive out that animal on going inside, he noticed the dead body of a school girl in school uniform lying in C supine condition. He informed the police. The two police officials came to the site along with him. The said unidentified girl was seen by him the previous day as well in the forest in the area where he usually goes for grazing of the animals. At that time she was in the company of a boy aged 20 years. She was carrying school bag. At that time too, PWII was with PWI.. D The description of the boy has also been given. The said boy was having with him bicycle like that of Ranger type. The boy on being asked gave his name as 'Gandhi' and stated that the name of the accompanying girl is Vidya who was his sister and as her family members were going to come to Devi Temple, he had brought her directly from her school. Both were brought up to the road and went away by sitting on the bicycle. The girl seen by PWII was the E same whose body had been found. The investigation led to the arrest of the appellant at 11.00 p.m. on 29th March, 200 I. The father of the deceased and the appellant work in same office. Deceased and the appellant knew each other. The appellant was charged and F found guilty of offence under Section 302, IPC for the murder of the deceased as also for her rape under Section 376, IPC. The Sessions Court, for offence under Section 302 awarded death penalty and for offence under Section 376, rigorous imprisonment for I 0 years. Compensation of Rs. 25,000 in terms of the judgment of the Sessions Court was awarded under Section 357, Cr. PC for being paid to the parents of the victim for "ruental torture, agony and the G loss sustained of their only female child. H The High Court by impugned judgment has confirmed the award of death penalty to the appellant as also other sentences and compensation awarded. The appellant aggrieved therefrom has approached this Court on . grant of leave. I 1-- AMIT @AMMU v. ST ATE OF MAHARASHTRA 287 The facts which are fully established and have also not been disputed A by the learned counsel for the appe
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