LexSANTOSH KUMAR SINGH versus STATE THR. CBI
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[2010] 13 (ADDL.) S.C.R. 901 SANTOSH KUMAR SINGH v. STATE THR. CBI (Criminal Appeal No. 87 of 2007) OCTOBER 6, 2010 [HARJIT SINGH BEDI AND CHANDRAMAULI KR. PRASAD, JJ.] A 8 Penal Code, 1860: ss. 376, 302 - Conviction based on circumstantial evidence - Victim found dead in her house with C 19 injuries on her person with three broken ribs - Trial court acquitted the accused holding that although few circumstances were in favour of prosecution, however, DNA report was not reliable and, therefore, case against the accused was not proved beyond reasonable doubt - High o Court9relying on the circumstantial evidence, convicted the accused ulss. 302, 376 and awarded death sentence - On appeal, held: Circumstances formed a chain so complete that there was no escape from the conclusion that within all probability the crime was committed by the accused - There E were oral evidence with regard to continuous stalking and sexual harassment caused to the victim by accused - On the day of incident also, accused was seen in her college and near her house which constituted a strong chain in prosecution's case - Helmet of accused seized from his house was F besmeared with spec of blood - Its visor was broken - Pieces of visor were found near the dead body of the victim besmeared with her blood - Medical evidence clearly supported the prosecution version that the fracture on right hand of the accused was sustained during the course of the G rape and murder - False plea of accused that fracture was sustained 10 days prior to the incident was another link in the chain - DNA test conducted on vaginal swabs and the blood samples of appellant showed that rape was committed, and that too by the accused - Plea that DNA report was not reliable 901 H 902 SUPREME COURT REPORTS [2010] 13 (ADDL.) S.C.R. A as the vaginal swabs and slides taken from the dead body were tampered with, was far fetched as there was no evidence of tampering - Also, there was no doubt regarding the sanctity of blood samples of the accused - In the light of evidence, the order of conviction upheld - However, as regards the B sentence, balance sheet tilted marginally in favour of accused - Crime was committed when accused was 24 years old - After acquittal, he got married and was the father of a girl child - Nothing to show that he would not reform - In the interest of justice, sentence commuted to life imprisonment - Sentence/ c Sentencing - Criminal law - Evidence - Circumstantial evidence - Code of Criminal Procedure, 1973 - s.313. D E F Evidence: Circumstantial evidence - False plea taken by an accused in a case of circumstantial evidence is another link in the chain - Plea. Expert evidence - Expert opinion on technical subject - Held: Court cannot substitute its own opinion for that of an expert, more particularly in a science such as DNA profiling - DNA report. Code of Criminal Procedure, 1973: s.313 - Object of - Held: While recording statement u/ s. 313, all incriminating material circumstances must be put to an accused, however, if any material circumstance is left out that would not ipso-facto result in the exclusion of that evidence from consideration unless it could further be shown by the accused that prejudice to him and miscarriage of G justice was caused - In the instant case, the question that the helmet was used as weapon of offence, was not specifically put to the accused but absolutely no prejudice or miscarriage of justice was caused to him on that score as the death was caused not by the use of the helmet but by strangulation - H Penal Code, 1860 - ss. 376, 302. SANTOSH KUMAR SINGH v. STATE THR. CBI 903 Appeal against acquittal - A~quittal by trial court- Scope A of interference by appellate court - Discussed - Penal Code, 1860 - SS. 376, 302. I Administration of criminal justice: Principle of - Greater caution on court while dealing with criminal cases. Sentence/Sentencing: Where the option is between life sentence and death sentence, and if the court itself feels some difficulty in awarding one or the other, it is only appropriate that the lesser sentence should be awarded - Mitigating circumstances need to be taken into account - Penal Code, 1860 - SS. 376, 302. B c On 24th January, 1996, the dead body of the victim was found lying under the bed with the cord of the electric heat convector tied around her neck and blood stains o around the body. As pe
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