Case Note & Summary
The appeal arose from a judgment and order dated 9th July 2024 by the Special Judge (POCSO), Thane, convicting the appellant under Sections 363, 302, and 201 of the Indian Penal Code, 1860, for kidnapping and murder of a minor girl, and sentencing him to life imprisonment. The appellant, a laborer residing near Thane Railway Station, challenged the conviction. The prosecution case involved the victim, a 1-year-10-month-old girl, going missing from a birthday venue on 20th August 2013. Investigation revealed A-1 kidnapped her and handed her to A-2, who abandoned her at Thane Railway Station. CCTV footage showed an unknown person, later identified as the appellant, taking the girl. The appellant was arrested in July 2014 and gave a confession under Section 164 of the Code of Criminal Procedure, 1973, but it was unsigned. DNA testing later showed an abandoned girl found was not the victim but the biological child of A-4. The core legal issues were whether the prosecution proved guilt beyond reasonable doubt based on circumstantial evidence and the admissibility of the confession. The appellant's counsel argued lack of direct evidence and procedural flaws in the confession, while the state relied on CCTV footage and confession. The court analyzed that the CCTV footage did not conclusively show the appellant taking the victim away, and the confession was unreliable due to absence of signature and potential coercion. DNA evidence contradicted initial parental identification. The court held the prosecution failed to establish a complete chain of circumstantial evidence, and the confession was inadmissible. Consequently, the conviction was set aside, and the appellant was acquitted of all charges.
Headnote
A) Criminal Law - Kidnapping and Murder - Sections 363, 302, 201 Indian Penal Code, 1860 - Burden of Proof and Circumstantial Evidence - Prosecution alleged appellant kidnapped and murdered a minor girl based on CCTV footage and confession - Court found evidence insufficient as CCTV footage did not show appellant taking the victim away, and confession lacked signature and voluntariness - Held that prosecution failed to establish guilt beyond reasonable doubt due to gaps in evidence chain (Paras 1-8). B) Criminal Procedure - Confession and Investigation - Sections 164, 169 Code of Criminal Procedure, 1973 - Admissibility and Procedural Compliance - Appellant's confession under Section 164 CrPC was unsigned and obtained after police custody in another case - Court noted confession lacked voluntariness and was unreliable due to procedural lapses - Held that such confession cannot be sole basis for conviction without corroboration (Paras 7-8). C) Evidence Law - DNA Testing and Identification - Sections 45, 60 Indian Evidence Act, 1872 - Scientific Evidence and Parental Identification - DNA test revealed abandoned girl was biological child of A-4 and his wife, not the victim - Parents initially identified girl as their daughter but DNA disproved this - Court emphasized DNA evidence over eyewitness identification in establishing identity (Paras 7-8).
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Issue of Consideration: Whether the prosecution proved the guilt of the appellant beyond reasonable doubt under Sections 363, 302, and 201 of the Indian Penal Code, 1860, based on circumstantial evidence and confession
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Final Decision
High Court set aside the conviction and acquitted the appellant of all charges under Sections 363, 302, and 201 IPC
