A.P.LAVANDE, U.V.BAKRE
State (Vasco Police Station) – Appellant
Versus
Ryan Fernandes – Respondent
What is the standard for evaluating the testimony of an approver and its corroboration in this case? What is the court’s ruling on the death sentence for accused No.1 and the applicable modification to life imprisonment? What is the discretionary framework used to determine whether death penalty is warranted in this case?
Key Points: - (!) Section 133 and 114 of the Evidence Act establish that an accomplice is competent to testify and requires corroboration in material particulars. - (!) The twin tests for approver credibility: reliability of the approver and necessity of corroboration. - (!) Corroboration is generally required for an approver, though not necessarily for every material circumstance. - [4000411100173] The High Court affirmed the conviction based on corroborated approver testimony and other evidence. - (!) - (!) The Court applied the "rareest of rare" and Bachan Singh/Macchi Singh guidelines to assess whether the death penalty is warranted, ultimately substituting life imprisonment for accused No.1 and preserving other sentences. - (!) - (!) Orders: confirmation case dismissed; appeals: some dismissed, one partly allowed; death sentence for accused No.1 set aside and replaced with life imprisonment with fine; concurrent running of sentences; set-off of detention under CrPC 428.
The confirmation case and all the above criminal appeals are being disposed of by common judgment, since they arise out of the Judgment and Order dated 8.6.2007, passed by the Principal District and Sessions Judge, South Goa, Margao in Sessions Case No. 15/2005, convicting the appellants for the offences punishable under Sections 365, 302, 201 read with Section 120B of Indian Penal Code ('IPC' for short) and sentencing them as below :
The amount of fine ordered to be paid by all the accused for the offences punishable under Sections 201, 120B, 302 and 365 of IPC have been ordered to be paid as compensation to the family of the deceased namely, PW.54 Sarika and PW.57 Jaimini and other daughter of the Victim Dr. Shrikant Verenkar. All the sentences are ordered to run concurrently.
2. The charge against the accused was that on 17/1/2005 at 6.15 hours, at Mangor Hill, Vasco, all the accused after hatching a criminal conspiracy, intentionally or knowingly caused murder of Dr. Shrikant Verenkar, aged 60 years and, thereby committed offence punishable under Section 302, IPC. Secondly, all the accused abducted Dr. Verenkar with intention of causing the said Dr. Verenkar to be sec
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