Professional Documents
Culture Documents
2/2014 with
Criminal Appeal No.77/2015
1
C
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BENCH AT AURANGABAD
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PETITIONER
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VERSUS
RESPONDENT
..
Shri M.M. Nerlikar, A.P.P. for petitioner
Shri K.B. Autade, Advocate for respondent.
..
WITH
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y
om
APPELLANT
VERSUS
The State of Maharashtra,
through Police Inspector,
Shirdi Police Station, Tq. Rahata,
District Ahmednagar
(Copy to be served on
Public Prosecutor, High Court of
Judicature of Bombay,
Bench at Aurangabad)
RESPONDENT
.....
Shri K.B. Autade, Advocate for appellant
Shri M.M. Nerlikar, A.P.P. for respondent
.....
DATED:
C
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CORAM:
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1.
District
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Judge-2
&
Additional
Sessions
Judge,
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om
2.
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C
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ig
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Eknath
searched for his daughter and noticed her bicycle lying near
the field of P.W.3 Nanasaheb. Footprints from the spot were
going from field of Nanasaheb where bicycle was lying near
ba
y
om
including vagina.
victim, could not see her naked and put the clothes on her
body. The spot was field near village Dorhale, Taluka Rahata,
District Ahmednagar.
The police
C
ou
rt
registered.
called, who led the police towards north from the spot.
However, the dog did not lead to the accused who was
On
14.8.2011,
P.W.3
ig
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absconding.
Nanasaheb,
in
his
motorcycle.
before the
who was
on
13.8.2011
ba
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om
C
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were obtained.
rt
ig
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ba
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om
3.
convictions
and
imposed
death
sentence
on
the
Anil
Piraji,
against
whom
prosecution
brought
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using which motorcycle the accused No.1 had gone to the spot
The
C
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4.
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ARGUMENTS
ba
y
5.
om
incident took place, accused No.1 was seen near the spot;
that subsequently the knife used in the offence and the
motorcycle were discovered at the instance of the accused;
the blood stained clothes of the accused were seized from his
person; and that the accused had been convicted earlier for
committing offences using similar modus-operandi of grabbing
a girl or woman in isolated place and committing rape and
murder.
witnesses
the
documents
proved
including
forensic
rt
C.A. reports.
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had seen the accused near the spot and had given description
of the accused to the police on 14.8.2011 and looking to the
modus-operandi of the accused, the police arrested the
accused and P.W.3 Nanasaheb had identified the accused
ig
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accused had human blood stains on it, which can be seen from
the C.A. report. The accused was arrested. Even his clothes
had blood stains. Thus, the learned A.P.P. submitted that, the
ba
y
According to him, it is
om
6.
rt
C
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holding
of
test
identification
parade
was
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matter,
necessary.
7.
witnesses.
Officer,
who
ba
y
Jail
offences.
was
examined
regarding
other
earlier
om
rt
He
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also has a son Sagar. The evidence shows that, after coming
back from Dorhale, P.W.1 enquired about his children and he
was told that they had gone to the field. He had his lunch and
On the way, his son Sagar
ig
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met him and informed that the victim had not come to the
field and they had waited for her. P.W.1 Eknath deposed that
In the course of
ba
y
He
om
9.
He noticed one
rt
C
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to the field.
ba
y
panchanama
Nanasaheb
had
32)
on
was
the
recorded,
eastern
side
that
the
an
field
of
orchard
of
om
P.W.1 has
deposed that he saw the victim was lying between the crop of
sugarcane. The victim had injury near her right eye and there
was bleeding from her private part. There was no cloth on her
person.
C
ou
rt
concluded from the situation on the spot that the victim had
The evidence
ig
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10.
ba
y
The panchanama
om
SPOT
11.
P.W.5
as
well
the
investigating
officer
in
rt
C
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ig
h
ba
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om
12.
rt
It also
C
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ig
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The
ba
y
However, what
om
these
witnesses
have
been
extensively
cross-
evidence
of
witnesses
brought
on
record
that
the
rt
C
ou
P.W.3 Nanasaheb.
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had left his field at about 9.45 a.m. and by about 12.15 Hrs.
he received message about bicycle of the victim lying in his
ba
y
The
om
IDENTITY OF ACCUSED
13.
rt
picked up.
material.
Nanasaheb.
carefully.
C
ou
ig
h
He
ba
y
shirt and Khaki colour trouser. The said unknown person was
on motorcycle.
om
semi-dark
complexion
and
within
age
group
of
40-45.
Exh.56.
The
F.I.R.
Exh.56
has
rt
F.I.R.
C
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Exh.56.
of
Shirdi
Police
Station,
but
the
timings
of
inquest
ig
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ba
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om
person
who
was
the
present
accused.
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because of doubts.
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description.
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of clothes later.
becomes
more
obvious
from
the
cross-
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rt
moving motorcycle.
C
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ig
h
ba
y
duty
of
the
investigating
officer
to
We find it
have
got
an
om
14.
view.
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C
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road is to the south of the spot. The Shiv Wahini Kaccha road
going south-north does not connect to the Ranjangaon Savali
Vihir road on the north, we have already observed.
In such
ig
h
ba
y
the police to further north from the spot. We are aware that
the evidence regarding dog leading the police is not very
om
scientific.
However,
evidence in this regard and we find that it does not really help
the prosecution.
Thus,
we
are
unable
to
rely
on
P.W.3
for
The
C
ou
15.
rt
ARREST OF ACCUSED
The
ig
h
police the accused started running. The police ran after him.
The accused fell on the railway track and suffered serious
injuries to his knee and other body parts.
The accused
ba
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om
16.
According
DISCOVERY
to
the
investigating
officer,
P.W.14
rt
C
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ft. and from such house where there was nobody, the knife
was
discovered
at
the
instance
of
the
accused.
The
ig
h
ba
y
om
rt
same day.
Dange
is
C
ou
he
deposed
that,
the
discovery
of
ig
h
the accused.
those
clothes
the
house.
Thus,
as
per
P.W.6
ba
y
om
gave
some
admissions
in
his
cross-
P.W.14 P.I.
rt
C
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investigating
to
officer
be
given,
it
would
ig
h
explanation
seized
clothes
of
show
the
that
accused
the
on
23.8.2011 vide Exh.53, but did not deposit the same with the
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om
18.
KNIFE TAMPERED
The
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C.A. which was given Exh.1 by the C.A., had human blood on
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19.
injuries
which
also
that
she
had
been
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rt
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noted was AB. D.N.A. report Exh.72, which examined the scalp
hair, vaginal smear, skin swab, lip swab from the victim did not
find any male D.N.A. in the same. Thus, going through the C.A.
ig
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20.
ba
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om
the prosecution has failed to link the accused with the incident or
prove his guilt.
rt
C
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for 2899 days the accused was absconding and during such
period he committed different similar offences.
ig
h
ba
y
om
as under :
53. In criminal cases, previous good
character
relevant
:
In
criminal
proceedings, the fact that the person accused
is of a good character, is relevant.
54. Previous bad character not relevant,
except in reply. - In criminal proceedings,
the fact that the accused person has a bad
character is irrelevant, unless evidence has
been given that he has a good character, in
which case it becomes relevant.
C
ou
rt
is
ig
h
ba
y
bad character.
22.
om
offence punishable
Chapters with like
life term, shall be
subsequent offence
C
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28
XII
(dealing
with
offences
relating
to
Coin
and
ig
h
ba
y
or Chapter XVII.
23.
om
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24.
C
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ig
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om
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25.
C
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ig
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It would
Sections 302, 376 of the Indian Penal Code, in the set of facts,
with which we are here concerned.
Some of the rulings on this count need brief
ba
y
26.
reference.
om
(A)
The King, reported in AIR (36) 1949 P.C. 161, Privy Council
was dealing with the matter of murder of a woman called
Ayesha.
(B)
ig
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C
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rt
om
ba
y
(C)
Judge
questioned
the
appellant
regarding
his
C
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rt
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(D)
om
ba
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(E)
C
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33
Singh & ors. Vs. The State of Uttar Pradesh, reported in AIR
1977 SC 1936, observed in para 23 as under :
ba
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27.
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from
collecting
evidence
and
proving
case
beyond
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interchangeable terms.
ba
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om
can be seen that, the trial Court (in para 55) of the judgment
recorded reasons for holding the accused guilty and numbered
the reasons.
rt
asphyxia.
C
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the C.A. report, without explaining how the accused was linked.
In reason (ii) para 55, trial Court observed that, accused No.1
ig
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Anil.
ba
y
of the body and injuries of the victim and concluded that there
was strong circumstantial evidence against the accused.
The
om
In reason
C
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rt
(viii), however, the trial Court itself recorded that there was
unbreakable chain of circumstances of evidence from probability
to possibility of more than 50%. Reason (x) recorded that there
ig
h
conduct
showed
motive,
preparation,
previous
and
ba
y
trial Court for holding the accused guilty and further reasons in
para 58 of the judgment, we find that, we are unable to agree
om
with the trial Court. The offence is not at all established and the
trial Court could not have allowed itself to be influenced by the
earlier crimes of the accused. If such evidence of earlier offence
and in this manner was to be allowed, the accused can be
convicted for every similar subsequent offences without there
being necessity to establish the subsequent offence by any
evidence. Section 8 referred to by the trial Court when perused,
does not appear to be providing that when the person is tried for
the murder and rape of the victim, the fact that he has been
earlier held guilty in earlier similar crime showing similar modus-
C
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rt
operandi is relevant.
29.
ig
h
ORDER
30.
ba
y
om
declined.
under Sections 302 and 376 of the Indian Penal Code, 1860. He
shall be set at liberty forthwith unless his presence is required in
any other offence.