STATE OF U.P. versus RAJA @ JALIL

Citation: [2008] 12 S.C.R. 945 · Decided: 28-08-2008 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Dismissed

Judgment (excerpt)

[2008] 12 S.C.R. 945 
STATE OF U.P. 
A 
II. 
RAJA@ JALIL 
(Criminal Appeal No. 1310-1311 of 2002) 
AUGUST 28, 2008 
B 
[DR. ARIJIT PASAYAT, P. SATHASIVAM AND AFTAB 
,·-.----{ 
ALAM, JJ] 
Penal Code, 1860: 
ss. 302,3761511 - Attempt to commit rape - Murder -
C 
Circumstantial evidence - Extra judicial confession stated to 
have been made by accused - Conviction and death sentence 
awarded by trial Court - Acquittal by High Court - HELD: 
When a case rests on circumstantial evidence, a complete 
chain of circumstances which rule out every other possibility D. 
except guilt of accused has to be established - On facts, High 
Court has rightly noted that alleged extra-judicial confession 
was extracted from accused by assaulting him severely, and 
the same was not voluntary or natural- Injuries clearly indicate 
that he was beaten very badly after he was allegedly E 
apprehended - Additionally, evidence of mother of deceased 
was full of contradictions and inconsistencies - Circumstantial 
evidence - Extra-judicial confession. 
CRIMINALAPPELLATE JURISDICTION : Criminal Appeal 
Nos. 1310-1311 of 2002 
F 
From the final Judgment and Order dated 6.2.2001 of the 
High Court of Judicature at Allahabad, Lucknow Bench, Lucknow 
in Crl. Appeal No. 385 of 1999 
Pramod Swarup, Bharat Ram and Anil Kumar Jha for the G 
Appellant. 
Manish Kumar (A.C.) for the Respondent. 
The Order of the Court was delivered by 
945 
H 
946 
SUPREME COURT REPORTS 
[2008] 12 S.C.R. 
A 
Dr. ARIJIT PASAYAT,J. Heard. 
Challenge by the State of Uttar Pradesh in these appeals 
is to the judgment of a Division Bench of the Allahabad High 
Court directing acquittal of the respondent Raja @ Jalil 
(hereinafter referred to as the 'accused'). Learned Sessions 
B Judge, Barabanki had found the accused guilty of offences 
punishable under Sections 302, 376/511 Indian Penal Code, 
1860 (in short 'IPC') and imposed death sentence and three 
years respectively. 
'c 
The accused filed appeal from jail and a represented 
appeal through counsel. A reference was made to the High 
Court under Section 366 of Code of Criminal Procedure, 
1973 (in short 'CrPC') for confirmation of death sentence. The 
High Court disposed of all the three matters by the impugned 
D judgment. The allegation against the accused was that he had 
taken a girl of about 11 years of age namely Kumari Reema, 
tried to commit rape on her and killed her. According to the 
prosecution on 17.10.1994 at about 8 a.m. the accused 
requested the mother of the deceased to allow the deceased 
E to accompany him for harvesting paddy crop in the fields of 
Naumi Lal and Ganga Ram. Since the deceased did not return 
late in the evening, Sushila Devi, the mother of the deceased, 
went to the house of Naumi Lal and Ganga Ram who told her 
that paddy crop in the field was not even ripe for harvesting. 
F Thereafter Sushila Devi continued to search for her missing 
daughter and went to the market, where in front of the house of 
one Yaseen Chikwa, she met Jung Bahadur, Jagat Narain, 
Vishwanath, Ram Shankar and others. In the meantime, Ganga 
Ram accompanied by the accused arrived there. Vishwanath 
G and Ram Shankar told Sushila Devi that they had seen the 
deceased going along with the acc1Jsed around 8 or 9 A.M. On 
hearing this, the accused started running but was chased and 
apprehended. It was about 10 P.M. at that time. On being 
interrogated, the accused stated that he had taken the 
H deceased for harvesting paddy cmp in the field of Ganga Ram. 
~ 
I ' ' 
STATE OF U.P. v. RAJA@ JALIL 
947 
[DR. ARIJIT PASAYAT, J.] 
-1 
J 
After some paddy crop was cut, he overpowered her and took A 
her to the field of Ram Khelawan Yadav and tried to commit 
rape. When the deceased resisted, he wanted to close her 
mouth, the deceased bit on his hand whereupon the accused 
~ 
struck Khurpa on her neck and killed her. The accused led all 
these persons to the sugarcane field of Ram Khelawan Yadav 
B 
,--f 
and the dead body was pointed out. He further led to his house 
and handed over the blood stained Khurpa. FIR was lodged at 
the police station. A case was registered. Post mortem was 
conducted and 14 injuries were found. 
The appellant was also medically examined after he was c 
apprehended by Dr. J.P. Bhargava PW5 who found seven 
injuries on the body of the accused. Injury No. 3 was kept under 
observation and the accused was referred to the District 
f 
Hospital Barabanki for the opinion of surgeon. 
~ 
Similarly, inju

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