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RONGON MUKHOPADHYAY, SANJAY PRASAD
State of Jharkhand – Appellant
Versus
Durga Soren @ Bhota – Respondent
JUDGMENT :
1. Heard Mr. A. K. Kashyap, learned Amicus Curiae in Criminal Appeal (DB) No. 1191 of 2016 for the appellant assisted by Mr. Akshay Kumar Mahto, learned counsel and opposed by Mr. Saket Kumar, learned A.P.P.
2. This appeal is directed against the judgment dated 22.09.2016 passed by Sri Manoj Srivastava, learned Principal District & Sessions Judge, Seraikella-Kharsawan in S. T. No. 90 of 2012 whereby and whereunder the appellant has been convicted for the offences under Section 376/302 I.P.C. and has been imposed capital punishment for the offence under Section 302 I.P.C. along with a fine of Rs. 50,000/- and has further been sentenced to undergo imprisonment for life and fine of Rs. 50,000/- for the offence under Section 376 I.P.C.
3. The FIR was lodged by Chandu Soren which reveals that on 08.11.2011 at around 4:00 P.M. when the informant was passing through the Chowk at Barakudar village, he had seen Durga Soren @ Bhota (Appellant) taking away his daughter Puspa Soren (Deceased) on the pretext of playing and along with them two other children namely, Mansa Soren and Nikita were also going. When even at 7:00 P.M., his six year old daughter did not return home, he had gone
The main legal point established in the judgment is the requirement for corroborative evidence in circumstantial cases, the scrutiny of child witness testimony, and the application of the 'last seen ....
The judgment emphasizes the importance of considering the testimonies of witnesses, especially in child rape cases, and the need for proper legal protection for minor victims.
The sufficiency of circumstantial evidence and the need for a complete chain of evidence to establish guilt beyond reasonable doubt.
It is well settled that to sustain a conviction, where evidence is of a circumstantial nature, the circumstances from which the conclusion of guilt is to be drawn should, in the first instance, be fu....
Circumstantial evidence must establish a conclusive chain consistent with the accused's guilt; suspicion cannot replace proof beyond reasonable doubt in criminal convictions.
The principle that the last seen theory requires corroborative evidence to establish guilt beyond reasonable doubt, particularly in cases involving serious charges such as murder and sexual assault.
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