AMRIT SINGH versus STATE OF PUNJAB

Citation: [2006] SUPP. 8 S.C.R. 889 · Decided: 10-11-2006 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Case Partly allowed

Judgment (excerpt)

AMRITSINGH 
A 
v. 
STA TE OF PUNJAB 
NOVEMBER I 0, 2006 
[S.B. SINHA AND DAL VEER BHANDARI, JJ.] 
B 
Penal Code, 1860-Sections 376 and 302-Rape and murder of minor 
girl-Deceased last seen together with the accused-As per medical evidence 
death occurred due to excessive bleeding from private parts and not due to C 
strangulation-Conviction for the offences and death penalty by court~ 
below-On appeal, held: Culpability of the accused proved-However, i( 
cannot be held that the accused killed her intentionally-The offence does. 
not fall under rarest of rare cases-Hence death penalty not justified-In 
·. view of brutality with which the offence was committed, sentence of rigorous 
imprisonment for life imposed 
D 
Criminal Trial-Circumstantial evidence-Last seen together theory-
Re!iability of-Held: Reliance on the theory for conviction would depend 
upon facts and circumstances of the case. 
Indentification of Prisoners Act, 1920-Applicability of the Act-Rape E 
case of minor girl-Deceased acquainted with the accused-Held: In such 
cases, the provisions of the Act not applicable. 
Appellant-accused was prosecuted for having committed rape ofa minor 
girl and for having caused her death. The deceased was last seen with the 
appellant by PW-3. The dead body was found in the cotton field near the house F 
of the appellant. Some hair was found in the hands of the victim. According to 
the evidence of PW I, the doctor who conducted the post-mortem examination 
of the deceased, stated that the deceased had died due to excessive bleeding 
from private parts. Trial Court relying on the evidence of prosecution witnesses 
found the appellant guilty of offences under Sections 376 and 302 and G 
sentenced him to death. Conviction and sentence was confirmed by High 
Court. Hence the present appeal. 
Partly allowing the appeal, the Court 
889 
H 
890 
SUPREME COURT REPORTS [2006) SUPP. 8 S.C.R. 
A 
HELD: 1. Prosecution has brought enough materials on record to show 
the culpability which for all practical purposes remained unrebutted. The 
deceased was last seen alive in the company of appellant It was not suggested 
that PW-3 has bore any animosity towards appellant. PW3 was not cross-
examined on vital aspects of his statement made in his examination-in-chief. 
B He made his statement before the villagers and also before the Investigating 
Officer as soon as he came to know about the manner in which the deceased 
has met with her fate. 1896-B-D) 
' 
2. The evidence of last seen may be relied upon or may form the basis 
for a conviction which, however, would depend upon the facts and 
circumstances of each case. In some cases, the Court also look for 
C corroborative evidence; in some cases the Court may rely fully thereupon. 
[896-D-E] 
D 
Prem Thakur v. State of Punjab, AIR (1983) SC 61; State of Rajasthan 
v. Smt. Kam/a, AIR (1991) SC 967; Sunny Kapoorv. State (UT. of Chandigarh) 
JT (2006) 11 SC 298, referred to. 
3. The place of occurrence also plays some importance. It was on the 
cotton field of Appellant himself. The cotton crop was in front of the house of 
Appellant. (897-G-H) 
4. The provisions of the Identification of Prisoners Act will not have 
E any application. If an outsider had committed the crime, she would have 
definitely cried out, but appellant, a neighbour and known to her was a person 
of trust. She was seen to be holding appellant's finger. It is clear that she was 
allured by appellant to accompany him to his own field which was near his 
house. The provisioiis of the said Act may not be ultra vires to the Constitution 
but it cannot be said to be applicable in a case of this nature. It cannot be said 
F to be an area which is contemplated under the Act. (898-B-C] 
G 
5. Offence of rape took place on an agricultural field. She might have 
suffered a lot of pain. She might have resisted also. She might have been 
gagged. Possibilities of some assault on her person cannot be ruled out. It 
would, however, be improper to hold that he killed her intentionally. The death 
occurred not as a result of strangulation but because of excessive bleeding. 
PW-1 did not state that injury on the neck could have contributed to her death. 
The death occurred, therefore, as a consequence of and not because of any 
specific overt act on the part of Appellant. Imposition of death penalty in a 
case of this nature, was, thus, iDlproper. Even otherwise, it cannot be said to 
H be a rarest of rare cases. The manner in which 

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