The Madhya Pradesh High Court recently made a ruling in a case involving the disposal of a death reference and a criminal appeal relating to the conviction and sentencing of an individual who committed heinous crimes against a 4-year-old girl. The ruling was made by a single-judge bench headed by Justice Vishal Mishra. The Court upheld the Trial Court’s decision and commuted the appellant’s death sentences to life imprisonment without the possibility of remission. The Court concluded that the accused was guilty of the charges brought against him, which included rape and murder. The conviction was based on a combination of circumstantial evidence, including the disclosure statement, DNA analysis, and medical findings.
The case at hand concerns the disposal of a death reference and a criminal appeal arising from a judgment issued on 27-10-2018 by the Additional Sessions Judge of Gauharganj District Raisen. The prosecution’s case centered around the disappearance of a minor girl on 13.08.2018, followed by her rape and murder, and the recovery of her body based on a statement provided by the appellant under Section 27 of the Evidence Act, 1872. The appellant was found guilty of several offenses, including those under Sections 366, 376(2)(j), 376(2)(m), 376-AB, 376-A, 302, 201 of the Indian Penal Code, 1860 (IPC), and Section 5(n), (6) of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
This case involved an appeal against a conviction and sentencing for the rape and murder of a minor girl, with the disposal of a death reference also at issue. The amicus curiae argued that the case relied on circumstantial evidence, the last-seen theory, and the recovery of the victim’s body at the appellant’s instance. The appellant challenged the reliability of the body’s recovery and the DNA evidence, while the prosecution defended the trial court’s judgment based on substantial evidence, including eyewitness accounts and the appellant’s confession.
The Court rejected the appellant’s arguments, finding the disclosure statement under Section 27 of the Evidence Act to be admissible and reliable in disclosing his involvement in the crime and leading to the recovery of the victim’s body. The DNA evidence was also found to have been properly collected, sealed, and handled, indicating a match between the appellant’s samples and those collected from the victim. The medical evidence from the autopsy report further established the victim’s rape and strangulation.
The Court applied the principles set out in previous cases, such as Sharad Birdhichand Sarda v. State of Maharashtra and Sudama Pandey v. State of Bihar, which established the requirements for proving a chain of circumstances and determining death sentences. The Court found the appellant guilty based on the evidence and applied the theory of R-R test, which includes considering society’s abhorrence and antipathy towards certain crimes that shake the collective conscience of society, along with the theory of reformation.
In conclusion, the Court upheld the trial court’s decision to convict the appellant and commuted the death sentence to life imprisonment without the possibility of remission.
Name- Ritika Keshari, College – Shambhunath Institute of Law, Semester – 2nd semester as a intern at Legal Vidhiya
