PAPPU versus THE STATE OF UTTAR PRADESH

Citation: [2022] 2 S.C.R. 13 · Decided: 09-02-2022 · Supreme Court of India · Bench: A.M. KHANWILKAR · Disposal: Case Partly allowed

Cited by 6 judgment(s) · cites 22 · see the full citation network in Lexace

Judgment (excerpt)

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[2022] 2 S.C.R. 13
13
PAPPU
v.
THE STATE OF UTTAR PRADESH
(Criminal Appeal Nos. 1097-1098 of 2018)
FEBRUARY 09, 2022
[A. M. KHANWILKAR, DINESH MAHESHWARI AND
C. T. RAVIKUMAR, JJ]
Penal Code, 1860: ss. 376, 302, 201 – Protection of Children
From Sexual Offences Act 2012 – ss. 5, 6 – Circumstantial Evidence
– Prosecution case was that appellant enticed a seven year old girl
to accompany him on the pretext of picking lychee fruits – Thereafter
he committed rape on her and killed her and dumped the dead body
in bushes near the riverbank –Trial court and High Court
concurrently recorded the findings that the prosecution was able to
successfully establish the chain of circumstances leading to
unmistakable conclusion that the appellant was guilty of the offences
of rape and murder of the victim child as also of concealing her
dead body – The fundamental fact, as held proved against the
appellant was that the deceased was lastly seen in the company of
the appellant when he took the deceased along with himself while
shooing away other children– Burden was on the accused to
explain his whereabouts after he was last seen with the deceased
and to show if, and when, the deceased parted with his company as
also the reason for his knowledge about the location of the dead
body– Appellant undoubtedly failed to discharge the burden cast
upon him by s.106 of the Evidence Act – This circumstance is a
strong link in the chain of circumstances against him – In the given
set of circumstances, it could safely be said that the presumption
contemplated by s.29 POCSO came into operation – The other
significant fact, as held proved, was that the dead body of the victim
child was recovered at a faraway place near the riverbank at the
instance of the appellant – Appellant failed to satisfactorily explain
his whereabouts since he was last seen in the company of the deceased
as also his knowledge of the location of the dead body – These
facts and factors, taken together with the medical and other scientific
evidence formed complete chain of circumstances, leading to the
conclusion on the guilt of the appellant – Conviction of the appellant
of offences under ss.376, 302, 201 IPC and ss.5/6 POCSO is upheld.
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SUPREME COURT REPORTS
[2022] 2 S.C.R.
Sentence/Sentencing: Rape and murder of seven year old girl
child – The heinous nature of crime like that of present one, in
brutal rape and murder of a seven-year-old girl child, definitely
discloses aggravating circumstances, particularly when the manner
of its commission shows depravity and shocks the conscience – But,
at the same time, considering that appellant had no criminal
antecedents, came from a very poor socio-economic background,
having a family comprising of wife, children and aged father, and
unblemished jail conduct, probability of reformation and
rehabilitation of the appellant is not ruled out – Therefore, case is
treated to not fall in ‘rarest of rare’ category – Yet, the impact of the
offences in question on the conscience of the society as a whole
cannot be ignored – Appellant was about 33-34 years of age at the
time of commission of crime in the year 2015 – Looking to the overall
facts and circumstances, it is held just and proper to award the
punishment of imprisonment for life to the appellant for the offence
under s.302 IPC while providing for actual imprisonment for a
minimum period of 30 years – Penal Code, 1860 – ss. 376, 302,
201 – Protection of Children From Sexual Offences Act 2012 – ss.
5, 6.
Evidence: Child witness – Rural background of witness –
Discrepancies in evidence – In the process of appreciation of
evidence, trial court and High Court looked at the crux of the matter
emerging from her testimony that she was indeed a witness to the
fact that the deceased child was last seen in the company of the
appellant when he took her along towards lychee farm – The
testimony of child witness is categorical in regard to the facts and
there appears no reason to disbelieve her testimony, even if her
comprehension of time and hours appears to be wanting in maturity
– It would be rather unrealistic to expect such maturity from a ten-
year-old child coming from a rustic background.
Constitution of India: Art.134 and Art.136 – Concurrent
Finding – Interference – Scope – As against any judgment/final
order or sentence in a criminal proceeding of the High Court,
regular appeals to Supreme Court are envisaged in relation to the
eventualities specified in

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