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IN THE HIGH COURT OF BOMBAY
Revati Mohite Dere, Gauri Godse, JJ.
Sangita Vilas Kiwade - Appellant
Versus
State of Maharashtra - Respondent
Criminal Appeal No. 619 of 2021
Decided On : 04-07-2023
MURDER - KIDNAPPING AND MURDER OF MINORS - IPC SECTIONS 302, 307, 363, 32-B(b) - The court discussed the provisions of Sections 302 (punishment for murder), 307 (attempt to murder), and 363 (kidnapping) of the IPC, emphasizing the premeditated nature of the appellant's actions. The court interpreted the evidence of child witnesses as credible and consistent, ruling out the possibility of tutoring. The court concluded that the appellant's actions constituted murder under Section 302, as the act of throwing the child into the canal was imminently dangerous and likely to cause death. The conviction under the Bombay Money Lenders Act was also upheld due to the lack of a valid license for money lending.
Fact of the Case:
The appellant was convicted for kidnapping and murdering a three-year-old child, Tejas, along with attempting to murder his siblings. The incident occurred when the appellant, motivated by a grudge over an unpaid loan, lured the children to a canal and pushed them into the water, resulting in Tejas's drowning.
Finding of the Court:
The court found the evidence of child witnesses to be credible and consistent, ruling out any possibility of tutoring. The testimonies corroborated the prosecution's case, establishing the appellant's intent to commit murder and the premeditated nature of the crime.
Issues: Whether the evidence of child witnesses can be relied upon to convict the appellant, and whether the appellant's actions constituted murder under Section 302 of the IPC.
Ratio Decidendi: The court held that the evidence of child witnesses, when scrutinized carefully, can be reliable. The appellant's act of throwing the children into the canal was deemed to have the requisite mens rea for murder, as it was a deliberate and dangerous act that resulted in death.
Final Decision: The appeal was dismissed, and the conviction and sentence of the appellant were upheld.
JUDGMENT/ORDER
GAURI GODSE, J. - This is an appeal preferred by the accused challenging the Judgment and Order dtd. 1/3/2014 passed by the Additional Sessions Judge, Pune in Sessions Case No. 137/2011 by which the appellant is convicted and sentenced as under:
ii) for the offence punishable under Sec. 307 of the IPC, to suffer rigorous imprisonment for a period of 10 years and to pay a fine of Rs.250.00, in default to pay the fine amount, suffer imprisonment for one month.
iii) for the offence punishable under Sec. 363 of the IPC, to suffer rigorous imprisonment for a period of 5 years and to pay a fine of Rs.250.00, in default to pay the fine amount, suffer imprisonment for one month.
iv) for the offence punishable under Sec. 32-B(b) of Bombay Money Lender's Act, to pay a fine of Rs.250.00, in default to pay the fine amount, suffer imprisonment for one month. All the aforesaid sentences are directed to run concurrently.
2. According to the prosecution, the incident took place on 18/11/2010 between 7:00 pm to 7:15 pm at Mukundnagar, Dias plot Canal at Gultekdi, Pune. It is alleged that the Appellant was carrying out the illegal business of money-lending and prior to two years of the incident had lent Rs.50000.00 at 10% interest to the complainant. Thus, keeping a grudge in mind regarding not repaying the loan amount, the Appellant kidnapped the complainant's grandchildren - Rohit aged 9 years, Rahul aged 7 years, Anmol aged 5 years and Tejas aged 3 years and took them in an auto-rickshaw to the canal and pushed Rohit, Rahul and Anmol in the canal and tried to kill them and pushed Tejas into the canal water, as a result of which he drowned and his body was found on 21/11/2010 in the canal at Shinde Vasti, Hadapsar, whereas Rohit, Rahul and Anmol came to be rescued.
3. It is the prosecution case that on 18/11/2010 at about 7:00 p.m., the grandsons of the complainant, namely Rohit, Rahul, Anmol and Tejas, had gone to the house of the appellant to watch television. After 5-10 minutes, Rohit came back and informed that the appellant was taking them to eat ice cream, and he left. As the said grandchildren of the complainant did not return home, she and her family members started their search. At around 8:15 p.m. to 8:30 p.m., police reached the house of the complainant with Rohit, Rahul and Anmol. Rahul informed that the appellant had taken all of them in an auto-rickshaw to the canal at Dias plot and had pushed them into the canal and at that time, the appellant's daughter Ranji who was present, had objected to the appellant's act i.e. of pushing the children into the canal. According to Anmol he raised hue and cry, pursuant to which the people who had gathered at the spot, saved Rahul and Rohit; however, Tejas went missing. Hence, F.I.R. was lodged against the appellant alleging offences punishable under Sec. 363, 366 and 307 of the IPC.
4. After three days, the police recovered the body of Tejas, from the canal near Mahadev temple at Shinde Vasti, Hadapsar, Pune. Postmortem of Tejas revealed the cause of death to be asphyxia as a result of antemortem drowning. Pursuant thereto, Sec. 302 of IPC was added to the said C.R. The offence punishable under Sec. 32(b) of the Bombay Money Lenders Act 1946 was also added.
5. The prosecution examined total 8 witnesses in support of its case. However, prosecution case rests mainly on the evidence of 4 child witnesses and the evidence of the complainant-Nanda and P.W.9- Laxman Pavale. The evidence reveals that P.W. 5 - Rohit and P.W. 7- Rahul were thrown by the appellant in the canal alongwith Tejas; however, when the appellant attempted to push P.W.6-Anmol, he bit her and ran away and informed the people nearby, pursuant to which the people saved Rohit-P.W. 5 and Rahul-P.W.7 from
The main legal point established in the judgment is the reliance on consistent testimonies to establish guilt under Section 302 of the Indian Penal Code.
The conviction under Section 307 IPC was overturned due to unreliable child witness testimonies and the failure of the prosecution to prove the case beyond reasonable doubt.
The reliability of a child witness's evidence, the need for corroboration, and the significance of medical evidence in establishing guilt in a murder case.
The main legal point established in the judgment is the reliance on witness testimonies and medical evidence to establish guilt in a murder case, and the requirement of evidence for kidnapping or abd....
The credibility of a child witness and the need for corroboration in the absence of independent evidence.
The conviction for murder was upheld based on consistent testimonies of child witnesses and corroborative medical evidence, establishing guilt beyond reasonable doubt.
The testimony of a child witness can be relied upon if corroborated by other evidence, and the presence of support persons does not imply tutoring.
The court established that the reliability of child witnesses must be carefully evaluated, and a conviction cannot be sustained on their testimony alone without corroborative evidence, especially whe....
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