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ASHUTOSH KUMAR, SHAILENDRA SINGH
Chandrama Yadav – Appellant
Versus
State of Bihar – Respondent
Ashutosh Kumar, J.—Heard Mr. Vishwajeet Kumar Mishra, learned Advocate for the appellant and Mr. Binod Bihari Singh for the State.
2. The appellant has been convicted under Sections 376, 302 and 201 of the IPC and has been sentenced to undergo R.I. for the remainder of his life, fine of Rs. 5000/- for the offence under Section 302 IPC and R.I. for ten years, fine of Rs. 5000/- for the offence under Section 376 IPC and R.I. for five years for the offence under Section 201 IPC and in default of payment of fine, simple imprisonment for one year vide judgment of conviction and order of sentence dated 10.04.2014 and 16.04.2014 respectively, in connection with G.R. No. 2185 of 2013/Sessions Trial No. 372 of 2013, arising out of Hussainganj P.S. Case No. 109 of 2013 passed by the learned Special Judge, Siwan.
3. The appellant is said to have raped and killed a 5½ year old girl. The father of the deceased viz. Binod Kumar Yadav (P.W. 1) had lodged the FIR on 03.06.2013 alleging that on 02.06.2013, he along with his daughter (deceased) had gone to the house of Panchratan Yadav (P.W. 3) whose daughter was to be married to the son of the co-brother of P.W. 1. Since his daughter had fallen aslee
The court ruled that corroboration from witnesses is critical in supporting a victim's testimony, leading to conviction for grievous offenses under IPC and POCSO, and sentencing must consider the bac....
(1) Evidence is only to be weighed and not to be counted – It is essentially, for prosecution to decide as to how many witnesses are to be examined to establish its case on any particular point.(2) D....
Circumstantial evidence, particularly the 'last seen' principle, can suffice for conviction in rape and murder cases yet demands rigorous scrutiny for reliability.
For conviction under circumstantial evidence, the complete chain implicating guilt must exclude reasonable doubt of innocence.
The court upheld the conviction based on circumstantial evidence and mitigated the death penalty to life imprisonment considering the age of the accused, the fact that he is a father of a girl child,....
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