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L. NAGESWARA RAO, B. R. GAVAI, B. V. NAGARATHNA
Lochan Shrivas – Appellant
Versus
State of Chhattisgarh – Respondent
In cases based on circumstantial evidence, the circumstances from which guilt is inferred must be fully established, consistent only with the hypothesis of guilt, of a conclusive nature, exclude every other hypothesis, and form a complete chain leaving no reasonable doubt of innocence. [1000747570012][1000747570013][1000747570014][1000747570015]
False explanations by the accused cannot fill gaps in the prosecution's chain but can strengthen a conviction based on proven circumstances; non-explanation of incriminating circumstances reinforces guilt. (!) [1000747570043][1000747570044]
Recovery of articles (e.g., dead body) based on accused's information is admissible if from a place distinctly within the accused's knowledge; accessibility to others is irrelevant if not ordinarily visible, such as concealed in bushes. [1000747570031][1000747570032][1000747570034][1000747570038]
Police prior awareness of a general locality does not invalidate recovery if specifically led by accused's disclosure and corroborated by memorandum, panchnama, witnesses, and videography. [1000747570037]
Victim (3-year-old girl) reported missing around 10:00 a.m. on 24.02.2016; FIR lodged same evening. [1000747570020][1000747570021]
Accused voluntarily offered to locate victim via "worship," performed it, then disclosed body hidden in sack in bushes near Amlibhauna road pole; this conduct indicates guilty knowledge. [1000747570022][1000747570023][1000747570024][1000747570025][1000747570026][1000747570042]
Accused's confessional statement led to recovery of: (i) blood-soaked naked body in sack from bushes; (ii) victim's pant from garbage dump; (iii) gamchha/pillow from accused's house with bloodstains; (iv) nail clippings with blood. [1000747570028][1000747570030][1000747570039][1000747570040][1000747570042]
These form a complete chain unexplainable except by guilt; accused offered no explanation under CrPC Section 313. [1000747570042][1000747570043][1000747570044]
Conviction upheld for Sections 363, 366, 376(2)(i), 377, 201, 302 r/w 376A IPC and Section 6 POCSO (kidnapping, abduction to compel intercourse, aggravated penetrative sexual assault/rape/sodomy on child, causing death, concealing evidence). [1000747570001][1000747570053]
Death sentence under Section 302 IPC commuted to life imprisonment: accused (23 years old, rural/poor background, studious, no priors, good jail conduct) not "hardened criminal"; possibility of reformation/rehabilitation exists; courts below focused only on crime, ignoring criminal's profile. [1000747570045][1000747570047][1000747570049][1000747570050][1000747570051][1000747570053]
Speedy trial desirable but insufficient time for defense preparation (lawyer appointed day before key evidence, conviction/sentence same day) noted; no prejudice found as cross-examination adequate. [1000747570045]
Same panch witness for multiple recoveries permissible if credible; solitary IO evidence can suffice if reliable. [1000747570041]
Inconclusive FSL blood group reports do not break chain if human blood confirmed and recovery valid. [1000747570039]
JUDGMENT :
B.R. GAVAI, J.
1. The appellant has approached this Court being aggrieved by the judgment and order passed by the High Court of Chhattisgarh, Bilaspur dated 17th November 2017, thereby dismissing the appeal preferred by the appellant challenging the judgment and order dated 17th June 2016, passed by the Additional Sessions Judge, Fast Track Court, Raigarh (hereinafter referred to as the “trial judge”) vide which the trial judge convicted the appellant for the offences punishable under Sections 363, 366, 376(2)(i), 377, 201, 302 read with Section 376A of the Indian Penal Code, 1860 (hereinafter referred to as the “IPC”) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the “POCSO Act”). Vide the same judgment and order, the appellant was sentenced to death for the offence punishable under Section 302 of the IPC. For the other offences for which the appellant was found guilty, sentences of rigorous imprisonment of 3 years, 5 years, 7 years and life imprisonment have been awarded to the appellant. The trial judge has also made a reference being Cr. Ref. No. 1 of 2016 to the High Court under Section 366 of the Code of Crimin
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