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PANKAJ BHANDARI, BHUWAN GOYAL
State Of Rajasthan, Through The PP – Appellant
Versus
Suresh Kumar S/o Shri Mangilal – Respondent
JUDGMENT :
Pankaj Bhandari, J.
1. Present D.B. Criminal Death Reference No.01/2022 has been moved by the Special Judge, POCSO Court, Jaipur District (Rajasthan) for confirmation of death sentence awarded to accused – Suresh Kumar vide order dated 10.02.2022 in Sessions Case No.53/2021 – State of Rajasthan Versus Suresh Kumar, FIR No.120/2021 registered at Police Station Narena, District Jaipur. Aggrieved by the judgment of conviction dated 04.02.2022 and the order of sentence dated 10.02.2022, accused – Suresh Kumar has preferred D.B. Criminal appeal No.48/2022. By the aforesaid judgment of conviction dated 04.02.2022, accused was convicted for offence under Sections 363, 302, 201 of IPC and Section 5(M)/6 of POCSO Act, in alternate Section 376(AB) of IPC and Section 84 of Juvenile Justice (Care & Protection of Children) Act, 2015 (hereinafter referred to as “the JJ Act, 2015”). For offence under Section 84 of JJ Act, 2015, he was sentenced for 7 years rigorous imprisonment and a fine of Rs.50,000/-and in default of payment of fine, to further undergo 1 year rigorous imprisonment. For offence under Section 201 IPC, he was sentenced for 7 years rigorous imprisonment and a fine of Rs.5
The judgment underscores the importance of a complete chain of circumstantial evidence and the evidentiary weight of DNA analysis in securing a conviction for serious crimes.
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,....
Circumstantial evidence, particularly the 'last seen' principle, can suffice for conviction in rape and murder cases yet demands rigorous scrutiny for reliability.
The court ruled that the death penalty is not warranted in this case, emphasizing the need for a balance between aggravating and mitigating circumstances, ultimately commuting the sentence to 30 year....
The imposition of the death penalty requires the statutory provision of special reasons, and a balancing of aggravating and mitigating circumstances must be conducted.
:MURDER OF GIRL - sentenced to death set aside - just one act of murder, albeit heinous murder of a girl child, assigned to the accused/appellant on which he is presently in appeal – Hence notin cate....
though the appellant is guilty of the offence punishable under Section 302 IPC, since there was no requisite intent as would bring the case under any of the first three clauses of Section 300 IPC, th....
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