Case Note & Summary
The Supreme Court dismissed the appeals of Sachin Kumar Singhraha, upholding his conviction and death sentence for the rape and murder of a five-year-old girl. The case was based on circumstantial evidence, primarily the last seen circumstance. The victim, aged five years and two months, was last seen with the accused in his vehicle on 23.02.2015. PW4, the victim's uncle, had entrusted the child to the accused after the accused assured he would drop her to school. PW5 and PW6 also saw the accused with the victim. The dead body was recovered from a well at the instance of the accused, and the school bag was recovered from a school rooftop. The accused gave a false explanation in his statement under Section 313 CrPC. The Court held that the chain of circumstances was complete and consistent only with the guilt of the accused. Minor discrepancies in witness testimony were not material. The Court also held that the case fell within the rarest of rare category, warranting the death sentence, considering the brutal nature of the crime and the young age of the victim. The appeals were dismissed.
Headnote
A) Criminal Law - Circumstantial Evidence - Last Seen Theory - The circumstances from which guilt is to be drawn must be fully established and consistent only with guilt of accused - The chain of evidence must be complete, leaving no reasonable ground for innocence - In the present case, the deceased child was last seen with the accused, and recovery of dead body and school bag at his instance established guilt (Paras 7-12). B) Evidence Act, 1872 - Section 27 - Recovery of Dead Body and Articles - Only so much of disclosure statement as leads to discovery of fact is admissible - Recovery of dead body from well and school bag from rooftop at instance of accused was proved by independent witnesses (Paras 12-13). C) Criminal Procedure Code, 1973 - Section 313 - False Explanation - Accused's false explanation in statement under Section 313 can be used as additional link in chain of circumstantial evidence (Para 6). D) Indian Penal Code, 1860 - Sections 363, 376(A), 302, 201(II) - Rape and Murder of Child - Death Sentence - Rarest of Rare Case - The case involved brutal rape and murder of a five-year-old child, with no mitigating circumstances - The courts below correctly imposed death sentence as it falls within rarest of rare category (Paras 14-16).
Issue of Consideration
Whether the conviction based on circumstantial evidence is sustainable and whether the death sentence is appropriate in the rarest of rare case
Final Decision
Appeals dismissed; conviction and death sentence upheld
Law Points
- Circumstantial evidence
- last seen theory
- recovery under Section 27 of Evidence Act
- rarest of rare doctrine
- minor discrepancies in witness testimony
