LexSHIVAJI @ DADYA SHANKAR ALHAT versus THE STATE OF MAHARASHTRA
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~.J- [2008] 13 S.C.R. 81 SHIVAJI @ DADYA SHANKAR ALHAT A II. THE STATE OF MAHARASHTRA (Criminal Appeal No.1409 of 2008) SEPTEMBER 5, 2008 B (DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM SHARMA, JJ.) Penal Code, 1860; Ss.302 and 376 (2)(5): Rape and murder of a minor girl - Conviction - Death c sentence - Correctness of - Held: Deceased was a helpless poor girl of tender age having no protection of the father - Before murder of the deceased she was last seen by prosecution witnesses going alongwith accused towards hill side - Her dead body was recovered from hill side - Evidence D of relative prosecution witnesses corroborated by evidence of independent prosecution witnesses - Circumstantial evidence though not direct to the point in issue, but consists of facts so closely associated with the fact in issue that taken together forming a chain of circumstances from which existence of E principal fact, could be legally inferred/presumed - In view of propositions laid down by Supreme Court, the instant case is covered under the category of rarest of rare case and death sentence is warranted - Trial court rightly found the evidence ..... cogent and convicted the accused for committing offences of F rape and murder and also sentencing him to death sentence - Hence, judgment of High Court confirming the conviction and sentence imposed by trial court does not warrant any interference - Code of Criminal Procedure, 1973 - S.366. Sentencing - Proportion between crime and punishment G - Determination of Evidence: 81 H .,.. 82 SUPREME COURT REPORTS [2008] 13 S.C.R. A Circumstantial evidence - Conviction based solely on - Tests laid down by Supreme Court - Discussed. On the fateful day, accused-appellant, had taken the deceased, a minor girl along with him to a hill on the pretext of giving her fuel wood. The accused allegedly 8 raped and assaulted her with a sharp edged weapon and committed her murder by strangulating her with a rope. When she did not return home, the grandmother of the deceased lodged a missing complaint in the police station. On receipt of information from one 'S', mother of the C deceased recovered her dead body from the hill and lodged an FIR stating that the accused had committed rape and murder of her daughter. Police arrested the accused and investigated the matter. Trial Court found the accused guilty of committing the offences of rape D and murder punishable ulss. 376 and s.302 IPC and imposed death sentence. Appeal filed thereagainst by the appellant was dismissed and the reference made under s.366 IPC was confirmed by the High Court. Hence the present appeal. E Accused appellant contended that the case at hand is based on circumstantial evidence and the circumstances do not warrant conclusion of guilt of the accused; and that since the conviction was based on circumstantial evidence, death sentence should not have F been awarded and in any event this is not a case where ,.. death sentence should have been imposed. Respondent-State submitted that trial court and the High Court have analysed the evidence in great detail to G show the horrendous manner in which a tiny girl was put to death by the accused after ravishing her; that the circumstances which have been highlighted by the prosecution relate to the fact that the accused was last seen in the company of the deceased and injury on the abdomen and also to the recovery of the rope by which H SHIVAJI @ DADYA SHANKAR ALHAT v. THE 83 ... ~ STATE OF MAHARASHTRA the deceased was strangulated at the instance of the A accused; that the accused was arrested from a place where he was hiding and th.e presence of blood on his cloth is are relevant factors; and that the plea of alibi set up by accused has. not been established. Dismissing the appeal, the Court B HELD: 1.1 From the evidence of mother (PW 1 ), grandmother (PW 7) and sister (PW 8) of the deceased, it appears that they are a poor family .. PW I is lame and at the relevant time she was deserted by her husband. PW1 c and her daughters used to stay with her mother who was about 69 Years old. PW1 used to work as a maid and used to be away from the house for long hours in connection with work leaving in the house her mother and three daughters. The daughters used to do D '1 household and used to go to school. The deceased was thus a helpless poor girl of tender age. She had no protection of the father. She was, th
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