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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
P. V. HARDAS & ANUJA PRABHUDESSAI, JJ.
Mohammed Parvez @ Aftab Shaikh – Appellant
Vs.
State of Maharashtra – Respondent
Criminal Appeal No.896 of 2005
Decided On : 24th June, 2014
Indian Penal Code - Conviction under Sections 376 and 302 - Summary of Acts and Sections: IPC Sections 302, 201, 376, 404 - The court analyzed the circumstantial evidence and the failure of the prosecution to prove the case beyond reasonable doubt. Key legal provisions such as the standard of proof 'beyond reasonable doubt' and the requirement for conclusive evidence were discussed, influencing the court's decision.
Fact of the Case:
The appellant was convicted for offences under Sections 376 and 302 of the Indian Penal Code for the rape and murder of a 23-year-old girl. The prosecution's case relied on circumstantial evidence.
Finding of the Court:
The court found that the prosecution failed to prove the appellant's guilt beyond reasonable doubt. Despite the tragic nature of the crime, the court held that the appellant was entitled to the benefit of doubt and acquitted him of the charges.
Issues: The key issue was the sufficiency of the evidence to establish the appellant's guilt beyond reasonable doubt based on circumstantial evidence.
Ratio Decidendi: The court emphasized the requirement for conclusive evidence and the exclusion of every hypothesis of the appellant's innocence, as well as the standard of proof 'beyond reasonable doubt'. The failure to establish the appellant's guilt led to the benefit of doubt in his favor.
Final Decision: The Criminal Appeal was allowed, the conviction and sentence were quashed, and the appellant was acquitted of the charges. The appellant was entitled to the refund of the fine and immediate release from jail.
P. V. HARDAS, J.
The appellant, who stands convicted for an offence punishable under Sections 376 and 302 of the Indian Penal Code and sentenced to imprisonment for life and to pay a fine of Rs.200/- in default of which to undergo RI for one month and imprisonment for life and to pay a fine ofRs.200/- in default of which to undergo RI for one month, by the III Additional Sessions Judge. Thane, by judgment dated 5/8/2005, in Sessions Case No. 354 of 2004, by this appeal questions the correctness of his conviction and sentence.
2. Facts, as are necessary for the decision of this appeal, may briefly be stated thus:-
PW 10 - PI Bajirao Bhosale, who, in April 2004, was attached to the Kashmira Police Station, was entrusted with the investigation of Crime No. 68 of 2004, which had been registered under Sections 302 and 201 of the IPC by PSI Dhamdhare on the basis of the report of one Mohammad Chaudhari. PW 10-PI Bhosale, on being entrusted with the investigation, proceeded to the scene of the incident and in the presence of panchas drew the scene of the incident panchanama at Exh.12. An inquest panchanama at Exh.10 had also been drawn. Statements of witnesses were recorded and the clothes of deceased were seized under seizure memo at Exh.13. Statement of PW 4 - Shaikh Mobin Ahmed, father of deceased Heena was recorded. Statements of other witnesses were also recoded and on 12/4/2004, the accused was arrested under arrest panchanama at Exh.28. Certain injuries were noticed on the person of the accused and the accused was, therefore, referred for medical examination. The appellant/accused was examined by PW 7 -- Dr. Ramchand Dhotre, who noticed the following external injuries:-
(1) Scratch mark seen over sternal notch with reddish black scab formed.
(2) Scratch mark seen on right knee joint lateral aspect of size 3 cm. length with reddish black scab formed.
He had accordingly issued the certificate which is at Exh.38. The clothes on the person of the accused were also seized at the time of his arrest under arrest panchanama.
During custodial interrogation, on 15/11/2004, the accused expressed his willingness to point out the place where the purse and the mobile hand-set of deceased had been concealed. A memorandum to that effect was drawn in the presence of panchas at Exh.26. The appellant led the police and the panchas to Trivedi Complex and pointed out an auto-rickshaw bearing registration No.MH-04-AE-4725. From the auto-rickshaw, the appellant produced a white coloured purse which had been kept near the driver seat in the auto-rickshaw. The appellant also produced a mobile hand-set of Nokia Company from behind the rear seat of the auto-rickshaw. The purse and the mobile hand-set were accordingly seized in the presence of panch as at Exh.27. Statements of witnesses were recorded and viscera of deceased was referred to Chemical Analyzer on 22/4/2004 under requisition at Exh.48. On the same day, the seized property was referred to the C.A. under requisition at Exh.49. The report of the C.A. is at Exh.50. Further to the completion of investigation, a charge-sheet against the appellant was filed.
Postmortem on the dead body of deceased Heena was performed by PW 7 - Dr. Dhotre, who noticed the following injuries:
(1) Injuries to external genitals, vagina congested, blood stains seen in vagina.
(2) Hymen ruptured and edges seen irregular.
(3) Ligature mark seen over right side of neck from thyroid cartilage directed backward behind ear up to left side of occipital fossa of size 26 x 3 cm. and underlying skin contused and seen chocolate brown coloured.
(4.) Multiple chocolate brown coloured marks seen chin downward over neck of size (1) 6 x 3 cms. (2) 3 x 1 cm. (3) 1 x 1 cm (4) 4 x 1 cms.
(5) Multiple small abrasions seen on left side of neck below ear and one linear abrasion over left side of occipital region of 4 cms. length.
(6) Multiple scratch marks seen on right side of face and both forearms.
(7) Reddish black contusion mark seen on ri
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