Case Note & Summary
The case involves the brutal kidnapping, rape, unnatural offence, and murder of a two-year-old girl by the appellant, Ravi S/o Ashok Ghumare, in Jalna, Maharashtra. On March 6, 2012, the victim went missing from her home. The informant, her father Iliyas Mohinuddin (PW9), learned from a neighbor (PW2) that the appellant had been seen distributing chocolates to children near a temple. The appellant's house was found locked; police broke in and discovered the appellant under a bed with the deceased victim, who was naked, unconscious, and bleeding from her private parts. She was declared brought dead at the hospital. Post-mortem revealed multiple injuries and death by throttling. The appellant was arrested, and his clothes were seized. DNA analysis confirmed his involvement. The trial court convicted him under Sections 363, 376, 377, and 302 IPC and sentenced him to death, which was confirmed by the Bombay High Court. The Supreme Court heard the appeal against conviction and sentence. The appellant's counsel argued inconsistencies in witness testimony and lack of last seen evidence, but the Court found the circumstantial evidence complete and conclusive. The medical evidence, recovery of the body from the appellant's house, and DNA evidence established guilt. On sentence, the Court held that the crime fell within the 'rarest of rare' category due to its brutality against a defenseless child, and no mitigating circumstances warranted leniency. The Supreme Court dismissed the appeal and confirmed the death sentence.
Headnote
A) Criminal Law - Circumstantial Evidence - Kidnapping, Rape, Unnatural Offence, Murder - Sections 363, 376, 377, 302 IPC - The prosecution established a complete chain of circumstances: the appellant was last seen distributing chocolates to children; the victim went missing; the appellant's house was locked; upon breaking open, the appellant was found under a bed with the deceased victim, who had injuries and blood oozing from private parts; medical evidence confirmed rape, unnatural sex, and death by throttling; DNA evidence linked the appellant. The High Court and Trial Court concurrently held the circumstances conclusive, leaving no hypothesis of innocence. (Paras 3-9) B) Criminal Law - Death Sentence - Rarest of Rare Doctrine - Section 302 IPC - The crime was committed in a brutal, diabolical, and revolting manner on a two-year-old child, shocking the collective conscience. The aggravating circumstances outweighed the mitigating ones, and no alternative to death sentence was possible. The Supreme Court upheld the death sentence, confirming the 'rarest of rare' categorization. (Paras 7, 10, 16-17) C) Evidence Law - Inconsistencies in Witness Testimony - Minor contradictions in the accounts of witnesses regarding what they saw upon entering the house do not discredit the core prosecution case. The recovery of the victim's body from the appellant's house, coupled with medical and DNA evidence, establishes guilt beyond reasonable doubt. (Paras 12-14)
Issue of Consideration
Whether the conviction and death sentence of the appellant under Sections 302, 363, 376, and 377 of the Indian Penal Code, 1860 (IPC) for the kidnapping, rape, unnatural offence, and murder of a two-year-old child is sustainable on the basis of circumstantial evidence and whether the case falls within the 'rarest of rare' category warranting the death penalty.
Final Decision
The Supreme Court dismissed the appeals and confirmed the conviction and death sentence of the appellant under Sections 302, 363, 376, and 377 IPC.
Law Points
- Circumstantial evidence
- Rarest of rare doctrine
- Aggravating and mitigating circumstances
- DNA evidence
- Medical evidence
- Last seen evidence
- Motive
- Section 302 IPC
- Section 376 IPC
- Section 377 IPC
- Section 363 IPC
