DATTATRAYA @ DATTA AMBO ROKADE versus THE STATE OF MAHARASHTRA

Citation: [2019] 11 S.C.R. 295 · Decided: 21-02-2019 · Supreme Court of India · Bench: N.V. RAMANA · Disposal: Appeal(s) allowed

Cited by 3 judgment(s) · cites 9 · see the full citation network in Lexace

Judgment (excerpt)

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DATTATRAYA @ DATTA AMBO ROKADE
v.
THE STATE OF MAHARASHTRA
(Criminal Appeal Nos. 1110-1111 of 2015)
FEBRUARY 21, 2019
[N. V. RAMANA, DEEPAK GUPTA AND
INDIRA BANERJEE, JJ.]
Penal Code, 1860: ss. 302, 376(2)(f), 377, 363, 364, 367
and 201 r/w ss. 3,4,5 (i) (l) and (m) of the Protection of Children
from Sexual Offences Act, 2012 –  Rape and murder of minor child
– Conviction by trial court – Death sentence – High Court confirmed
the conviction and sentence  –  Appeal to Supreme Court –  Held:
In view of the forensic reports along with extra-judicial confession
made by the accused, conviction upheld  –  However, there is no
material to show that the intention of the accused was to kill the
victim  –  There is also no evidence to show any diabolic planning
by the accused to commit the crime or that the murder was pre-
meditated  –  Therefore, the case does not fall in the category of
rarest of rare cases – The accused was also not defended effectively
before the courts below – The accused neither sought nor was  given
the opportunity to place on record mitigating circumstances – Trial
court imposed the extreme penalty of death sentence without
considering as to whether there was no alternative to death sentence
or that in absence of death sentence, the accused would be threat
to society or whether the accused could be reformed – The accused
has been denied an effective and meaningful hearing on the question
of sentence u/s. 235(2) Cr.P.C.– Therefore death sentence is
commuted to sentence of life imprisonment  –  Considering the
heinous, revolting, abhorrent and despicable nature of the crime,
accused is directed to undergo imprisonment for life, till his natural
death without any remission of sentence – Sentence/Sentencing –
Death sentence – Code of Criminal Procedure, 1973  –  s. 235(2).
   [2019] 11 S.C.R. 295
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SUPREME COURT REPORTS
[2019] 11 S.C.R.
Code of Criminal Procedure, 1973:
s. 235(2) – Scope of – Held: Provision u/s. 235(2) is not a
mere formality and should be obeyed in letter and spirit  – It is
obligatory on the part of the trial Judge to hear the accused on the
question of sentence and deal with it – For effective hearing u/s.
235(2) the suggestion that the court intends to impose death penalty
should specifically be made to the accused, so as to enable the
accused to make effective representation against death sentence,
by placing mitigating circumstances before the Court – Even if such
issues are not raised on behalf of accused, the court is obliged on
its own to elicit facts relevant to the question of existence of
miltigating circumstances – Sentence/Sentencing.
Sentence/Sentencing:
Life imprisonment  –  Length of incarceration  –  Determination
of  –  Held: It is open to the Court to prescribe the length of
incarceration, especially in cases where death sentence has been
replaced by life imprisonment.
Life imprisonment  –  Length of incarceration  –  Held: Life
imprisonment means imprisonment for entire life.
Allowing the appeals, the Court
HELD : 1. Even though, there is nothing in the evidence
of any of the witnesses, except the evidence of PW-12 and PW-
18 and the weak evidence of the PW Nos. 4 and 5 purported to
be corroborated by PW-10, to prove the accused-appellant guilty
of the offences alleged,  the forensic reports along with the extra-
judicial confession made by the accused-appellant to his wife PW-
18, clearly establishes the guilt of the accused-appellant. The
examination of the reports of the Directorate of Forensic
Laboratories,  being Ex. No. 22 to 25 and in particular the
examination report in Ex.25 indicates that DNA profile of the
blood detected on the plastic bag and the clothes and those
obtained from the nails of the victim are identical and are from
one and the same source of female origin. The DNA profile of
semen detected on the underwear (Bermudas), the bedsheet,
vaginal swab and anal swab of the victim are identical and from
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DATTATRAYA @ DATTA AMBO ROKADE v. THE STATE OF
MAHARASHTRA
one and the same source of male origin. The DNA analysis
establishes beyond reasonable doubt that the victim was raped
by the accused-appellant. Therefore, the conviction of the
accused-appellant for the offences under Sections 302, 376(2)(f),
377 of the IPC read with Sections 3, 4 and 5 of the POCSO is
confirmed. [Paras 85, 86 and 96] [322-B-E; 324-G]
2.1 In the present case, there is no evidence at all of any
diabolic planning to co

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