Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1590

RAJASTHAN HIGH COURT BENCH AT JAIPUR
Pankaj Bhandari, Anil Kumar Upman, JJ.
State of Rajasthan, Through P. P & Ors. - Appellants
Versus
Sundar @ Surendra @ Santu & Ors. - Respondents
D.B. Criminal Death Reference No. 4 of 2021 Connected with D.B. Criminal Appeal (DB) No. 185 of 2021
Decided On : 02-02-2023

Advocates appeared:
Mr. Rajesh Kumar Sharma, Advocate with Ms. Zeenat Khan, Advocate, for the Appellant; Mr. Javed Choudhary, AGA, Mr. Dishant Karnawat, Advocate for Mr. Kapil Prakash Mathur, Advocate, for the Respondent.

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.

Headnote:
Criminal - POCSO Act, IPC - Sections 376(A), 376(3), 302, 201, 5(j)(iv), 6 - The court confirmed the conviction of the accused for heinous crimes against a minor, emphasizing the evidentiary value of DNA matching and the necessity of a complete chain of circumstantial evidence.
Fact of the Case:

The accused was convicted for the rape and murder of a minor girl, whose body was found with signs of sexual assault. Key evidence included the recovery of the accused's Aadhar card and DNA matching from the crime scene.
Finding of the Court:

The court found that the prosecution established a complete chain of circumstantial evidence linking the accused to the crime, including DNA evidence and witness testimonies confirming his presence at the scene.
Issues: Whether the evidence presented by the prosecution was sufficient to uphold the conviction and whether the death penalty was appropriate in this case.
Ratio Decidendi: The court held that the circumstantial evidence, including DNA analysis and witness accounts, formed a complete chain pointing to the accused's guilt, justifying the conviction under the relevant sections of IPC and POCSO Act.
Result: The death penalty was commuted to life imprisonment, confirming the conviction under IPC and POCSO Act.

JUDGMENT

Anil Kumar Upman, J. - This reference has been received from the Court of Special Judge, POCSO Act, 2012 & Commission for Child Rights Protection Act, 2005, No.1, Ajmer (for short, "the trial court") under Section 366 of the Code of Criminal Procedure (for brevity, "Cr.P.C.") for confirmation of the death sentence awarded to the accused Sundar @ Surendra @ Santu vide its judgment and order dated 26.10.2021 passed in Sessions Case No.58/2021 arising out of FIR No.128/2021 registered at the Police Station Pushkar, District Ajmer. Separate appeal (No.185/2021) has also been filed by the accused Sundar @ Surendra @ Santu challenging his conviction and sentence against the very same judgment.

2. The accused-appellant had faced trial in Sessions Case No.58/2021 and vide the aforesaid judgment and order dated 26.10.2021, he has been convicted and sentenced as below:-

Offence	Sentences and fine awarded
Section 376 (A) IPC and Section 5(j) (iv)/6 of POCSO Act	Death penalty, subject to confirmation of the High Court
Section 376 (3) IPC	Life imprisonment which shall extend to remainder of his natural life with a fine of Rs.1,00,000/- and in default of payment of fine, 3 years' additional simple imprisonment
Section 201 IPC	7 years' rigorous imprisonment with a fine of Rs.25,000/- and in default of payment of fine, 1 month's additional simple imprisonment
All the sentences were ordered to run concurrently

3. Brief facts relevant and essential for disposal of the instant death reference as well as the appeal preferred by the accused appellant are noted hereinbelow:-

4. As per the prosecution case, on 21.06.2021 at about 10.00 AM, the deceased went for goat herding on the hills of Baijnath Temple. Usually, she returned home at about 6:30 PM but when she did not return in evening, she was searched at all probable places by her family members and other villagers. In night at about 12.00 PM, her half-naked dead body was found about 300 meters away from the hills of Baijnath temple. Her jeans pant was lying nearby and same was stained with blood. The police was informed about this incident and on this information, SHO Police Station Pushkar along with Special Police team reached at the place of incident and took photographs of the scene. Blood-stained soil, three blood-stained stones, jeans pant of the deceased and one aadhar card belonging to the accused Sundar were also seized and sealed in presence of witnesses.

5. On 22.06.2021 at about 5.00 am, a written report (Ex.P/4) was submitted by PW-3 (father of the deceased) to the SHO PS Pushkar, which reads as under:-

6. On the basis of aforesaid written report (Ex.P/4), a formal FIR No.128/2021 (Ex.P/23) was registered at Police Station Pushkar, District Ajmer for the offences under Sections 376-A, 376-AB, 302 and 201 IPC and Sections 3, 4, 5m and 6 of the POCSO Act. On this FIR, investigation was commenced and the accused-appellant was arrested on 22.06.2021 at 04.45 pm vide arrest memo Ex.P/14. In pursuance of the information given by the accused, the underwear of the accused was recovered and seized vide Ex.P/15. Jeans pant and Kameej (shirt) of the accused-appellant were also recovered and seized vide Ex.P/16 in pursuance of the information given by the accused under Section 27 of the Evidence Act. Post-mortem upon the dead body was conducted by a medical board which issued post-mortem report Ex.P/1, as per which, five injuries were found on the person of the deceased including sign of sexual assault. The medical board opined that death was occurred on account of head injury, i.e. injury No.1. The accused was medically examined wherein as per potency test report (Ex.P/51), he was found potent. Samples of blood on FTA Card and saliva on handkerchief were taken and handed over to the police personnel for FSL. All samples were deposited in FSL o