LAXMAN NAIK versus STATE OF ORISSA

Citation: [1994] 2 S.C.R. 94 · Decided: 22-02-1994 · Supreme Court of India · Bench: A.S. ANAND · Disposal: Dismissed

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

Judgment (excerpt)

A 
B 
!AXMAN NAIK 
v. 
STATE OF ORISSA 
FEBRUARY 22, 1994 
[DR. A.S. ANAND AND FAIZAN UDDIN, JJ.] 
Indian Penal Code, 1860: Sections 302 and 376-Rape-Murdi~on­
viction based on circumstantial evidence-Validity of 
C 
Death Penalty-Pre-planned rape and murder of niece, a minor 
girf-Held diabi/ical in conception and brutal in execution attracting death 
penalty. 
Indian Evidence Act, 1872: Section l-Circumstantial evidence-
Rape-Murde,......£vidence of last seen-Accuse.I absconding after the crime-
D Misrepresentations of accused as to whereabouts of deceased-Evasive replies 
to questions during examination-Medical evidence relating to injurie.s on the 
deceased-Recovery and seizure of i11crimi11ati11 g articles-Held circumstance.s 
relied on form a complete chain of evidence against the accused leading to 
irresistible conclusion that he was the perpetrator of crime. 
E 
F 
. The appellant was prosecuted under sections 376 and 302 of the 
Indian Pena.I Code, 1860 for committing rape and murder of his niece, 
a minor girl aged about 7 years. 11te prosecution case, based entirely on 
clreilmstantial evidence, was that on 16.2.90, the appellant along with his 
mother; PW-3 and deceased had gone to the house of his relative, PW-2, 
to attend obsequies ceremony. During the observance of the ceremony 
on 17.2.90, PW-8, father-in-law of PW-2, not only beard the appellant 
commanding the deceased to accompany him back to their village but 
also shortly thereafter witnessed him pr0<:eedlng towards his village 
with the deceased and thereafter conspicuously noticed the absence of 
G the appellant and deceased from the function. l>W-1 had last seen the 
appellant and the deceased together In the jungle both proceeding 
towards their village. In the evening of 17.2.90, the appellant went back 
to his village and falsely told his brother, PW-4, that the deceased and 
his mother were at the house of PW-2. In the same evening, he returned 
• 
H back to the house of PW-2 and on being questioned by bis mother as to 
94 
.. 
LAXMANNAIK v. STATEOFORISSA 
95 
. the whereabouts of the deceased, he made a false representation to his A 
mother also that the deceased had reached her village. Next morning 
when the appellant's mother was beading towards her village she noticed 
the appellant roaming about near the jungle and on being questioned 
by her mother, the accused again misrepresented her that the deceased 
had rea~hed home. But when PW-3 reached her village she did not find B 
the deceased in the house. Thereafter when search of the deceased was 
made, her dead body was I mod lying in jungle with. a serious bleeding 
injury in her private part. A blood stained underwear belonging to the 
appellant was zlso found near the dead body which was emphatically 
identified by the appellant's mother and brother as on belonging to the C 
appellant. Chemical and Serological 
examination established the 
presence of blood on the frock and underwear of the deceased as well 
as that of accused. PW·S who had gone to the jungle with the search 
party repo11ed the indlcdent to his son, PW-6, who gave a written report 
of the recovery of the dead body. PW-6 deposed that he guarded the D 
body in the jungle after its recovery till arrival of the police and that In 
his presence the police prepared the seizure memo. The appellant 
abs~onded after occurrence and was apprehended after about 14 month. 
During his examination under section 313 Cr.P.C. be gave evasive replies 
to some of the questions. The autopsy report confirmed forcible sexual 
assault having been made on the deceased just before death and the E 
time of death given by the doctor was also corresponding to, at or about 
the time of occurrence. 
Relying on the circumstantial evidence viz.. (I) the evidence of the 
last seen of accused with deceased; (ii) misrepresentation and intentional F 
false statement of the appellant as to the whereabouts af the deceased; 
(ill) medical evidence relating to the injuries on the deceased; (Iv) 
discovery and seizure of incriminating articles; (v) absconding of accused 
after the occurrence and his el'asive replies to question 
during his 
examiuation under section 313 Cr.P.C., the trial court held that the guilt G 
of the appellant was established and accordingly sentenced 
him to 
death. Ou appeal, the High Court confirmed the death sentence. 
In appeal to this Court, it was contended on behalf of the appellant 
that (I) the circumstantial evidence re

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