2009 Supreme(SC) 1640

2009(7) Supreme 8
SUPREME COURT OF INDIA
Harjit Singh Bedi and J.M. Panchal, JJ.
Sebastian @ Chevithiyan — Appellant
versus
State of Kerala — Respondent
Criminal Appeal Nos. 1568-1569 of 2008
Decided on : 9-10-2009

Headnote:Indian Penal Code,1860 – Sections 302, 364, 369, 376(f), 392 and 449 – Prosecution of appellant for trespassing into the complainant’s house taking his child away and thereafter raping and killing her – Prosecution case that recovery of the waist chain and the necklace that deceased had been wearing when she had been taken away Was handed over by appellant to the police and recovery of frock of deceased was under a disclosure statement under Section 27 of the Evidence Act – Trial Court convicted appellant and awarded death sentence – Appeal against conviction and sentence – Evidence of PW – 5 and PW – 6 that appellant had been seen around the complainant’s house on previous day and in the vicinity again after the rape and murder and he had been apprehended and handed over to the police and two chains worn by deceased had been taken from his pockets – Even though several improvements had been made by three primary witnesses but there was absolutely no reason as to why they would involve appellant in a false case as admittedly he was a stranger to the locality and they bore him no ill will- No explanation offered by appellant as to what he had been doing in that locality – Evidence that the appellant was a paedophile with extremely violent propensities also stood proved on record in that he had been convicted and sentenced for an offence punishable under Section 354 in the year 1998 and later for offences punishable under Sections 363, 376, 379, 302 and 201 of the IPC for the rape and murder of a young child and had been awarded a sentence of imprisonment for life under Section 302, and several other terms of imprisonment with respect to the other sections, though, an appeal in this connection was pending as on date – In the background of facts of case death penalty converted to imprisonment for life but in terms laid down by Court in case of Swamy Shraddananda vs. State of Karnataka as his continuance as a member of an ordered society was uncalled

       For – Appeals dismissed (Paras 6 to12)

       Facts of the Case :

        Appellant herein in the instant case was prosecuted for trespassing into the complainant’s house taking his child away and thereafter raping and killing her. Prosecution case that recovery of the waist chain and the necklace that deceased had been wearing when she had been taken away Was handed over by appellant to the police and recovery of frock of deceased was under a disclosure statement under Section 27 of the Evidence Act .Trial Court convicted appellant and awarded death sentence.

        2. Present appeal has been filed against said order of conviction and sentence.

       Findings of the Court :

        Evidence of PW-5 and PW-6 that appellant had been seen around the complainant’s house on previous day and in the vicinity again after the rape and murder and he had been apprehended and handed over to the police and two chains worn by deceased had been taken from his pockets.Even though several improvements had been made by three primary witnesses but there was absolutely no reason as to why they would involve appellant in a false case as admittedly he was a stranger to the locality and they bore him no ill will. No explanation was offered by appellant as to what he had been doing in that locality. Evidence that the appellant was a paedophile with extremely violent propensities also stood proved on record in that he had been convicted and sentenced for an offence punishable under Section 354 in the year 1998 and later for offences punishable under Sections 363, 376, 379, 302 and 201 of the IPC for the rape and murder of a young child and had been awarded a sentence of imprisonment for life under Section 302, and several other terms of imprisonment with respect to the other sections, though, an appeal in this connection was pending as on date. In the background of facts of case death penalty converted to imprisonment for life but in terms laid down by Court in case of Swamy Shraddananda vs. State of Karnataka as his continuance as a member of an ordered society was uncalled for. Appeals were dismissed.