PAWAN versus STATE OF UTTARANCHAL

Citation: [2009] 3 S.C.R. 468 · Decided: 26-02-2009 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Dismissed

Cited by 1 judgment(s) · cites 1 · see the full citation network in Lexace

Judgment (excerpt)

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[2009) 3 S.C.R. 468 
PAWAN 
v. 
STATE OF UTTARANCHAL 
(Criminal Appeal No. 1000 of 2006) 
FEBRUARY 26, 2009 
[S.B. SINHA, ASOK KUMAR GANGUL Y AND R.M. 
LODHA, JJ.] 
Penal Code, 1860: 
ss. 3021201134 and 376 - Rape and murder of a child of 
six years - Trial court relying on circumstantial evidence 
convicting the accused and sentencing each of them to death 
- Sentence commuted to life imprisonment by High Court -
HELD: Courts below have rightly held the circumstances 
cumulatively completing the chain pointing towards guilt of the 
accused only - Sentence awarded by High Court calls for no 
interference - Circumstantial evidence. 
Juvenile Justice (Care and Protection of Children) Act, 
2000: 
s. 7-A -· Plea of juvenility - HELD: School leaving 
certificate produced only after conviction, and primary 
evidence like entries from birth register having not been 
produced and, as such, there being no satisfactory/adequate 
material, there is no reason to call for report about age of 
accused at the time of commission of offence - Penal Code, 
1860 - ss. 3021201134 and 376. 
FIR - It is not necessary that names of all the witnesses 
be mentioned in FIR. 
The accused-appellants faced criminal trial for 
offences punishable ulss 302134, 201134, 376 and 377 IPC. 
The prosecution case was that on the morning of 
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PAWAN v. STATE OF UTIARANCHAL 
469 
25.9.2003, the daughter of PW-4, a child of six years went A 
out to answer the call of nature. When she did not return 
for quite some time, and efforts to search her out yielded 
no result, PW-4 lodged a report of her disappearance. In 
the night between 25.9.2003 and 26.9.2003 at about 1.30 
A.M, when PW-4 with his fellow migrant labourers from 
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Nepal (PWs-2,3 and 5), outside of his hutment, was 
waiting for his daughter, they saw four persons (the 
accused) throwing a dead body of a child from a gunny 
bag in the nearby vacant plot. PWs-2 to PW-5, raised an 
alarm and apprehended the accused. They found the c 
dead body to be of the daughter of PW-4. The accused 
were handed over to the police which registered a case 
u/ss 302/201/34 IPC. Since after receiving the medical 
report, it was found that the child was raped by more than 
one person and carnal intercourse also indicated to have 
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been committed on her, offences punishable u/ss 376 
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and 377 were also added. The trial court found the chain 
of circumstances complete pointing out towards the guilt 
of the accused and, accordingly convicted them u/ss 302/ 
34, 201/34, 376 and 377 IPC and sentenced each of them 
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to death. The High Court maintained the conviction u/ss 
302/34, 201/34 and 376 IPC, but commuted the death 
sentence to imprisonment for life. The conviction and 
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sentence u/s 377 IPC was, however, set aside . 
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In the appeal filed by the accused, it was contended 
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for the appellants that there were inconsistencies in the 
evidence of PWs 2 to 5 and it was not probable for these 
witnesses to have seen in the midnight the dead body 
being thrown from the gunny bag. It was also pleaded 
that accused A-1 and A-2 were juvenile within the 
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meaning of Juvenile Justice (Care and Protection of 
Children) Act, 2000 on the date of incident and the trial 
held under CrPC was illegal. 
Dismissing the appeals, the Court 
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SUPREME COURT REPORTS 
[2009] 3 S.C.R. 
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HELD:1.1. All the four witnesses (PW 2 to 5) are 
consistent in their version on material aspects. Merely 
because names of two witnesses were not mentioned in 
the F.l.R., their presence does not become doubtful. 
Omission of the names of two witnesses in the F.l.R. is 
B not material, particularly, because it is not necessary that 
names of all the witnesses be mentioned in the F.1.R. [Para 
20] [481-D] 
1.2. The testimony of PW-3 and PW-5 in respect of 
light stands has been corroborated by the testimony of 
C the Investigating Officer (PW-11) who has also deposed 
that there was light at the gate of the School and also 
near the hutment of PW-4. Significantly, none of the 
witnesses (PWs-2 to 5) has been cross-examined in this 
regard. [Para 21] [482-D] 
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1.3. It is true that the circumstances with regard to 
carnal intercourse were not held to have been proved, but 
on a careful consideration of the remaining 
circumstances, which have been sufficiently proved by 
E prosecution, it is clear that the proved circumstances 
complete the chain cumulatively and there is no escape 
from the 

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