LexMD. MANNAN @ ABDUL MANNAN versus STATE OF BIHAR
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A B [2011] 5 S.C.R. 518 MD. MANNAN @ ABDUL MANNAN V. STATE OF BIHAR (Criminal Appeal No. 379 of 2009) APRIL 20, 2011 [HARJIT SINGH BEDI AND CHANDRAMAULI KR. PRASAD, JJ.) Penal Code, 1860: ss. 366, 376, 302, 201 - Rape and C murder of a seven year old girl - Conviction based on circumstantial evidence -Allegation that the accused was working as a mason in the house of victim's grandfather - Accused sent victim to the betel shop to get betel for him - Few minutes after the victim left, accused proceeded towards D the betel shop and got the victim seated on his bicycle - Victim was last seen with the accused - Confession by accused that he raped the victim and thereafter killed her - The dead body of the victim found pursuant to the statement given by the accused - Courts below convicted the accused E and ordered death sentence - Held: The circumstances unerringly pointed towards the guilt of the accused and the chain was so complete that there was no escape from the conclusion that the crime was committed by the accused and none else - Conviction upheld - As regards the sentence, F accused was a matured man aged about 43 years and held a position of trust and misused the same in a calculated and preplanned manner - The postmortem report showed various injuries on the face, nails and body of the child - These injuries showed the gruesome manner in which she was G subjected to rape - Victim was an innocent child who did not provide even an excuse, much less a provocation for murder - This act no doubt invited extreme indignation of the community and shocked the collective conscience of the society - The case in hand fell in the category of the rarest H 518 MD. MANNAN @ABDUL MANNAN v. STATE OF 519 BIHAR of the rare cases and the courts below had correctly imposed A the death sentence - Sentence/Sentencing. Evidence: Circumstantial evidence - Held: In a case based on circumstantial evidence, the circumstances from which an inference of guilt is sought to be drawn are to be 8 cogently and firmly established - The circumstances ·so proved must unerringly point towards the guilt of the accused - It should form a chain so complete that there is no escape from the conclusion that the crime was committed by the accused and none else - It has to be considered within all C human probability and not in fanciful manner - Such evidence should not only be consistent with the guilt of the accused but inconsistent with his innocence. Sentence/Sentencing: Broad guidelines for imposition of death sentence - Discussed. 0 . •' ; .. _:' ·~-. The prosecution case was that the victim was 7 years old girl. The appellant was working as mason in the house PW-8 who was grandfather of the victim. On the fateful day, the appellant sent the victim to the betel-shop E to get betel and after few minutes he proceeded towards the betel-shop and got the victim seated on the carrier of his bicycle. PW-5 and other women saw the victim going with the appellant on his bicycle. The victim did not return home. The uncle of the victim along with other family members went in search of the victim and saw the 1 appellant. The appellant tried to escape but was caught. The appellant gave confessional statement that he raped the victim and then killed her. The statement given by him led to the recovery of the dead body of the victim. The trial court held that all the circumstances pointed towards the guilt of the appellant and convicted him under sections 366, 376, 302, 201 IPC and passed the death sentence. The High Court affirmed the conviction F . G. H 520 SUPREME COURT REPORTS [2011] 5 S.C.R. A and the death sentence. The instant appeal was filed challenging the order of conviction and sentence. Dismissing the appeal, the Court HELD: 1.1. In a case based on circumstantial B evidence, the circumstances from which an inference of guilt is sought to be drawn are to be cogently and firmly established. The circumstances so proved must unerringly point towards the guilt of the accused. It should form a chain so complete that there is no escape c from the conclusion that the crime was committed by the accused and none else. It has to be considered within all human probability and not in fanciful manner. Such evidence should not only be consistent with the guilt of the accused but inconsistent with his innocence. No hard D and fast rule can be laid to say that particular circu
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