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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J.VORA, R.T.VACHHANI
Rameshbhai Bachubhai Vaidhukiya – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
ILESH J. VORA, J.
1. The death reference has come up before this Court for confirmation of a Death Sentence awarded to the appellant – sole accused – Ramesh Bachubhai Vadhukiya, by judgment dated 17.03.2020, passed in Special POCSO (Atro) Case No.28 of 2018, whereby, the Additional Sessions Court at Rajkot, has convicted the appellant accused for the following offences and sentenced as tabulated hereinunder:
| Conviction under Section | Punishment | Fine | In default of fine |
|---|---|---|---|
| 302 of IPC | Death Sentence | Rs.5,000/- | RI for 2 years |
| 376(f)(n) of IPC | Death Sentence | Rs.5,000/- | RI for 2 years |
| 363 of IPC | RI for 7 years | Rs.1,000/- | RI for 1 year |
2. The appellant herein has also questioned the legality and correctness of the judgment of conviction and order of death sentence by preferring conviction appeal (Criminal Appeal No.695 of 2020).
3. The prosecution case, in nutshell, is that, The appellant accused Ramesh Bachubhai was tried and prosecuted for the offence of rape and murder allegedly committed on 3 years old child. The child was kidnapped and then, taken to a secluded place of City Rajkot and to satisfy the lust of the accused, she was sexually abused and due to her screaming, the accused smashed her he
The prosecution failed to establish a reliable chain of circumstantial evidence necessary for conviction, leading to the acquittal of the accused.
The conviction was based on circumstantial evidence, with DNA and witness testimonies establishing the accused's guilt, affirming the death sentence as the case fell within the rarest of rare categor....
The judgment establishes that circumstantial evidence must form a complete, unbroken chain directly linking the accused to the crime, which warranted a life sentence in this case.
Circumstantial evidence, particularly the 'last seen' principle, can suffice for conviction in rape and murder cases yet demands rigorous scrutiny for reliability.
The prosecution failed to establish a complete chain of circumstantial evidence required for a conviction in a murder case, rendering the conviction legally unsound.
The court held that conviction based on circumstantial evidence requires a complete, unbroken chain of circumstances that unerringly point to guilt, which was not established in this case.
The court upheld the conviction based on established circumstantial evidence, affirming that all necessary conditions for such conviction were met.
The main legal point established in the judgment is the reliance on DNA profiling, circumstantial evidence, and the last-seen theory to establish the guilt of the accused in criminal cases.
Rape and murder of minor girl –Acquittal under - Execution of crime doubtful - Incident does not appear to have happened in the manner in which the prosecution want the Court to believe it had happen....
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