LexANKUSH MARUTI SHINDE & ORS. versus STATE OF MAHARASHTRA
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A B [2009) 7 S.C.R. 182 ANKUSH MARUTI SHINDE & ORS. V. STATE OF MAHARASHTRA Criminal Appeal Nos. 1008-09 of 2007 APRIL 30, 2009 [DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM SHARMA, JJ.] Penal Code, 1860- ss.302, 376(2)(g}, 307134, 3971395 and 396 - Prosecution under - Eye-witnesses to the incident C - Identification of the accused in Tl Parade conducted by Magistrate - Medical evidence establishing a/legation of rape - Conviction and death sentence by trial court - Conviction and death sentence as regards three accused confirmed by High Court - The rest three accused acquitted u/s.376 (2)(g) D and their sentence converted to life imprisonment - Cross appeals - Held: In view of Tl Parade, version of eye-witnesses and medical evidence, conviction justified - The case as regards the accused who were awarded life sentence, also falls under rarest of rare case - Hence, they too awarded death E sentence - Sentence I Sentencing - Death sentence. Sentence/Sentencing : Award of punishment - Criteria for determination - Role of courts - Discussed. Test Identification Parade: Nature and object of - F Discussed. 6 Accused were prosecuted for dacoity, murder and rape. Prosecution case was based mainly on version of two injured eye-witness (PW1 and 8) and Test Identification Parade wherein PW1 identified all the accused and PW8 G identified all except one. Trial court convicted ail the accused ulss.'302, 376(2)(g), 307134, 397/395 and 396 IPC and sentenced them to death. High Court confirmed the conviction and death sentence of accused Nos. 1, 2 and H 182 ANKUSH MARUTI SHINDE & ORS. V. 183 STATE OF MAHARASHTRA 4. However, it acquitted accused Nos. 3, 5 and 6 u/s. A 376(2)(g) IPC while confirming the conviction under other offences. Their death sentence was converted to life imprisonment with fine. Hence, the present cross appeals by the accused and the State. / Dismissing the appeal of the accused and allowing B that of the State, the Court - HELD: 1.1 In Tl Parade of A1 to A5, PW1 had identified all the five accused persons, PW 8 had identified A1, A3, A4 and A5. Subsequently AG was arrested and the c Tl Parade was held immediately thereafter where PWs 1 and 8 identified him. First Tl Parade was held in the jail premises where all the five accused persons were made to stand in a queue in the parade hall. PW 25 who was the • Magistrate and conducted the Tl Parade clearly stated that D he found the dummies to be acceptable and respectable persons selected by the police was assessed by him and found to be reliable. In his explanation report Ext.229 he has clearly stated that no police personnel or any of the employees of the jail was allowed to stand in the parade E hall when each of the witnesses was brought for identification of the accused. He has further stated that the accused persons were asked to change their clothes J. on every time and the accused could not be seen any of the witnesses prior to such witnesses being called for identifying the accused. As rightly observed by the trial F court and the High Court, in the cross examination of PW 25 nothing material has been brought out to discredit his evidence. [Para 6] [192-F-H; 193-A-C] 1.2 If potholes were to be ferreted out from the G proceedings of the Magistrate holding such parades, ~ possibly no Tl Parade can escape from one or two lapses. If a scrutiny is made from that angle alone and the result of the parade is treated as vitiated every Tl Parade would become unusable. Tl Parades are not primarily meant for H 184 SUPREME COURT REPORTS [2009] 7 S.C.R. A the Court. They are meant for investigation purposes. The • object of conducting Tl Parade is two fold. First is to enable the witnesses to satisfy themselves that the prisoner whom they suspect is really the one who was seen by them in connection with the commission of the crime. 8 Second is to satisfy the investigating authorities that the suspect is the real person whom the witnesses had seen in connection with the said occurrence. [Para 7] [193-C-E] \ 1.3 The evidence of medical officers PWs. 9 and 15 clearly established the allegation of rape. The injuries c externally noted on the body of the deceased 'S' provide further sustenance to the prosecution version that she was subjected by sexual assault by the accused. Multiple blows were given on and around her skull. [Paras 11 and 12] [194-F-G; 195-A-B] D 1.4 PWs. 1 and 8 ar
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