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IN THE HIGH COURT OF BOMBAY
P.V. HARDAS & G.S. KULKARNI, JJ.
KRISHNA NARAYAN PARDHI – Petitioner
Vs.
STATE OF MAHARASHTRA – Respondent
Cri. Appeal No. 671 of 2014
Decided On : 18-12-2014
Indian Penal Code - Conviction under sections 302, 376, 366-A, and 506 - Summary of Acts and Sections: Indian Penal Code, sections 302, 376, 366-A, and 506 - The court acquitted the appellant of the charges based on unreliable and untrustworthy evidence, including the delay in recording witness statements and the absence of unimpeachable circumstances connecting the appellant to the offenses.
Fact of the Case:
The appellant was convicted for offenses under sections 302, 376, 366-A, and 506 of the Indian Penal Code. The case involved the death of a girl, Sujata Shelkande, and allegations of rape and murder. The prosecution's evidence included witness testimonies and post-mortem examination reports.
Finding of the Court:
The court found the evidence of the prosecution witnesses to be wholly unreliable and untrustworthy, citing substantial delays in recording witness statements and absence of unimpeachable circumstances connecting the appellant to the offenses. The court concluded that the appellant's absence from a dance event and the testimony of the key witness were insufficient to establish guilt beyond reasonable doubt.
Issues: The issues included the reliability of witness testimonies, the delay in recording witness statements, and the absence of unimpeachable circumstances connecting the appellant to the offenses.
Ratio Decidendi: The court held that the delay in recording witness statements and the absence of unimpeachable circumstances rendered the evidence unreliable and unacceptable. The court also emphasized that laches on the part of the witnesses to inform the police was fatal to establishing guilt.
Final Decision: The court allowed the appeal, quashed the conviction and sentence of the appellant, and acquitted the appellant of the charges. The fine, if paid, was ordered to be refunded, and the appellant was to be released from jail forthwith.
G.S. KULKARNI, J.
1. The appellant who stands convicted for the offence punishable under sections 302, 376, 366-A and 506 of the Indian Penal Code, and sentenced to imprisonment for life and to pay fine of Rs. 1000/- and in default of payment of fine to suffer simple imprisonment for one month, R.I. for 10 years and to pay fine of Rs. 1000/- and in default of which to suffer simple imprisonment for one month, and R.I. of 5 years and to pay fine of Rs. 500/- in default of which to suffer simple imprisonment for one month, and R.I. for one year with a directions that all the sentences shall run concurrently, by the Adhoc District Judge and Additional Sessions Judge, Kalyan by Judgment dated 2nd July, 2014 in Sessions Case No. 207 of 2012, by this appeal questions the correctness of his conviction and sentence. Briefly stated facts as are necessary for decision of this appeal are as under:-
2. PW-1 - Babulal Ahire Police Head constable was attached to Tokawade police station when on 8th April, 2010 Waman Pardhi - Police Patil gave information that one girl by name Sujata Shelkande age about 10 to 12 years is lying dead at the side of the well. PW-1 - Babulal Ahire received this information and A.D.R. No. 4/10 was registered. PW-1 Babulal along with police staff visited the spot of incident which was at Rampur village. Parents of the deceased had brought the dead body to their house considering it to be an accidental death. PW-1-Babulal visited the house of the deceased and prepared an inquest panchanama in presence of two panch witnesses. Scratch marks on both cheeks was noticed on the body of the deceased and it was seen that face of the deceased was blackish. Neck of the deceased was swollen. Private parts were examined by a lady panch and were noticed to be swollen. An inquest panchanama to this effect was prepared which is at Exhibit 8. Thereafter spot panchanama at Exhibit 9 was prepared which was a spot near a well where the dead body was lying. The spot was shown by the Police Patil. A rough sketch of the spot of the incident was prepared and was annexed to the spot panchanama. PW-1 thereafter along with police constable Tambe sent the dead body for post-mortem to the Primary Health Centre, Rural Hospital, Tokawade. A report to that effect is at Exhibit 10. The dead body was thereafter sent to Murbad from Rural Hospital Tokawade for post-mortem.
3. Prosecution examined PW-15-Dr. Pralhad Rajendra Puri, Medical Officer attached to the Rural Hospital, Murbad, who on 8-4-2010 performed post-mortem examination. He along with Dr. Sanjay Khandekar had performed the post-mortem examination on deceased Sujata. Dr. Pralhad found that the clothes of the deceased were soiled with blood. He noticed sub conjuctival haemorrhage in both eyes with froth oozing through nostrils and noticed the following injuries on the body of the deceased:-
(1) Labia majora oedematous on right side.
(2) Labia minora oedamatous on left side. With abrasion and contusion on posterolateral aspect of fourchette of size 1.5 X 0.75 cm.
(3) Hymen oedamatous with small tear posteriorly.
(4) Small blood clot seen over posterior vaginal orifice.
So also PW-15 found following injuries on hear body:-
(1) Contusion over right side of cheek 1.5 X 1.5 cm.
(2) Contusion over right side of neck in upper part size 1 cm X 1 cm.
(3) Abrasion over right side of face measuring 1 cm X 0.5 cm. And crescent shaped.
(4) Multiple crescent shaped abrasion over left side of neck measuring 1 X 0.5 cm. In length.
(5) Multiple crescent shape abrasions over left side of neck measuring 1 X 0.5 cm. In length.
(6) Abrasion on the left side of face measuring 1 cm X 0.5 cm in length.
(7) Abrasions over right thumb size 0.5 cm. X 0.5 cm.
(8) Subscutaneous tissue below bruises and abrasions show haemorrhage. There is extravasation. In neck soft tissue.
(9) Fracture of bilateral cornus of hyoid bone (above laryngeal cartilages).
The following internal injuries were noticed during post-mo
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