Case Note & Summary
The appellant, Pappu, was convicted for the rape and murder of a seven-year-old girl. On 13.05.2015, the victim was playing near her home when the appellant enticed her to accompany him to pick lychee fruits. He gave toffees to other children and shooed them away. The victim's mother, PW-1 Nisha, filed a complaint the next day, leading to registration of FIR under Sections 376, 302, 201 IPC and Sections 3/4 POCSO. During investigation, the appellant was apprehended and disclosed the location of the dead body, which was recovered from bushes near a bridge on the riverbank. The post-mortem confirmed rape and strangulation. The trial court convicted the appellant and awarded death sentence, which was confirmed by the High Court. The Supreme Court examined the circumstantial evidence, including last seen evidence, recovery at the instance of the appellant, and medical evidence. The Court found the chain of circumstances complete and rejected the defence of false implication due to land dispute. On sentence, the Court held that the brutal rape and murder of a seven-year-old child by a 35-year-old man constituted a rarest of rare case, and confirmed the death sentence. The appeals were dismissed.
Headnote
A) Criminal Law - Circumstantial Evidence - Last Seen Theory - Conviction based on circumstantial evidence where the victim was last seen with the accused, recovery of dead body at his instance, and medical evidence consistent with rape and murder - Held that the chain of circumstances was complete and pointed only to the guilt of the appellant (Paras 53-76). B) Criminal Law - Rarest of Rare Case - Death Sentence - Brutal rape and murder of a seven-year-old child by a 35-year-old man - Held that the case falls within the rarest of rare category, warranting death sentence under Section 302 IPC (Paras 77-97). C) Evidence Act, 1872 - Section 27 - Discovery of Fact - Recovery of dead body at the instance of the accused from a concealed place - Held that such discovery is admissible and a strong incriminating circumstance (Paras 53-76). D) Protection of Children from Sexual Offences Act, 2012 - Section 5/6 - Aggravated Penetrative Sexual Assault - Conviction for rape of a minor under POCSO - Held that the offence is made out (Paras 1-2).
Issue of Consideration
Whether the conviction of the appellant based on circumstantial evidence is sustainable; and if so, whether the death sentence awarded to the appellant should be maintained or substituted by any other sentence.
Final Decision
The Supreme Court dismissed the appeals, upholding the conviction and death sentence of the appellant for offences under Sections 376, 302, 201 IPC and Section 5/6 POCSO.
Law Points
- Circumstantial evidence
- last seen theory
- recovery at instance of accused
- rarest of rare case
- death sentence confirmation
- POCSO Act
- Indian Penal Code
