LexSTATE OF GUJARAT versus KISHANBHAI ETC.
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[2014] 1 S.C.R. 197 STATE OF GUJARAT v. KISHANBHAI ETC. (Criminal Appeal No. 1485 of 2008) JANUARY 7, 2014 [C.K. PRASAD AND JAGDISH SINGH KHEHAR, JJ.] PENAL CODE, 1860: A 8 ss.376, 302, 201, 363, 369 and 394 - Rape and murder c of a six year old girl - Her legs amputed above ankles and anklets stolen - Circumstantial evidence - Conviction by trial court and sentence of death - Acquittal by High Court giving the accused benefit of doubt - Held: Since the guilt of accused in the instant case is to be based on circumstantial 0 evidence, establishing of a complete chain from the evidence produced by prosecution becomes essential -- High Court has rightly pointed out several missing links in the chain of circumstances leading to failure of prosecution to establish guilt of accused - Further there are several lapses committed E by in11estigating!prosecuting agency - There are several discrepancies and inconsistencies in the evidence produced by prosecution before trial court - Judgment of High Court needs no_ interference -- Directions given to identify erring officers in the instant case and take appropriate departmental action against them in accordance with Jaw - Investigation - F Bombay Police Act 1951 -- s. 135(1) -- Circumstantial evidence. INVEST/GA TION: Serious lapses in investigation and prosecution of a rape and murder case - In the instant case, there have been serious lapses committed by the investigating and prosecuting agencies and there are deficiencies in the 197 G H 198 SUPREME COURT REPORTS [2014) 1 S.C.R. A process of establishing the guilt of the accused before the trial court -- The investigating officials and the prosecutors involved in presenting the case, have miserably failed in discharging their duties -- They have been instrumental in B c D denying to serve the cause of justice - Arrest of accused - Held -- Though accused was acknowledged to be in police station since 9 p.m., he was formally arrested at 6.40 a.m. on the following day - There are inconsistent statements on record in this regard. Entries in Station Diary - Though 10 had been apprised about the commission of crime, he left Police Station without making any entry in Station Diary or in any other register, depicting the purpose of his departure. Panchnama - Held: In the instant case, inquest panchnama was drawn before registration of FIR. Identification -- Held: Though the witness had seen the accused for the first time on the date or occurrence, no test identification parade to get the accused identified was E conducted. EVIDENCE: Circumstantial evidence -- DNA test - Rape and murder F - Held: Advancement in scientific investigation should be taken recourse to -· In the instant case, investigating agency ought to have sought DNA profiling of the blood samples, which would have given a clear picture. G H F.l.R.: Delay in registering the FIR - Held: In the instant case, not only is the delay of seven hours in registration of complaint unexplained, but the same is also rendered extremely suspicious. STATE OF GUJARAT v. KISHANBHAI 199 ADMINISTRATION OF CRIMINAL JUSTICE: Faulty investigation and deficient prosecution Directions given to State Governments to examine all orders A of acquittal and record reasons for the failure of each prosecution case -- A standing committee of senior officers 8 of the police and prosecution departments should be vested with this responsibility -- Home Department of every State Government will incorporate in its existing training programmes for investigation/prosecution officials course- content drawn in light of instant judgment. c Respondent no.1 was prosecuted for committing offences punishable u/ss 363, 369, 376, 394, 302 and 201, IPC and s. 135(1) of Bombay Police Act, on the allegations that he abducted a six year old girl, raped and killed her. It was also alleged that the accused chopped D off her feet just above ankles and took away her anklets. The trial court convicted and sentenced the accused to death. However, the High Court noticing several missing links in the chain of circumstances, allowed his appeal and acquitted him giving him benefit of doubt. E Dismissing the appeal, the Court HELD: 1.1. Since the guilt of the accused in the instant case is to be based on circumstantial evidence, establishing of a complete chain from the evidence F produced by the prosecution becomes essential. T
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