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ANANDA SEN, GAUTAM KUMAR CHOUDHARY
State of Jharkhand – Appellant
Versus
Rahul Kumar @ Rahul Raj @ Raj Srivastava @ Rocky Raj @ Aryan @ Ankit – Respondent
JUDGMENT :
Per Gautam Kumar Choudhary, J. Death Reference on behalf of the State and the Criminal Appeal preferred on behalf of the appellant arise out of the common judgment and sentence passed in Sessions Trial No.576 of 2019, whereby and whereunder the appellant has been convicted and sentenced to death under Section 302 of the IPC, appellant is also convicted under Sections 376, 449 and 201 of the IPC and sentenced to different terms of imprisonment and fine. Appellant has preferred the Criminal Appeal against the judgment of conviction and sentence, whereas the State has preferred reference for affirmance of the death sentence.
2. Informant is the father of the victim girl who was aged 19 years at the time of incidence. As per the FIR, on 15.12.2016, she had gone to attend her Class at RTC Institute of Technology, Anandi at Ormanjhi and he had gone to drop her to the College. Informant returned from there to his home at Barkakana and on that day after attending her Class, victim returned to her home at Booti Basti, Ranchi. After she returned home, at 6.30 in the evening, the informant received a call from her daughter on his mobile where she requested to recharge her mobile. On
The court affirmed the death sentence for brutal rape and murder, emphasizing the gravity of the crime and the absence of mitigating circumstances.
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(1) Constitutional guarantees of equality before law, protection of life and personal liberty, protection in respect of conviction, and protection against arrest and detention, do not expand into a c....
Criminal Law - Reliability of witnesses as to "last seen" - All circumstances and all evidences are pointing out towards one fact and all, which is the guilt of the accused. Court take no notice of f....
The court affirmed that the extreme brutality of the crime warrants the death penalty, emphasizing its classification as a rarest of rare case due to the specific circumstances surrounding the kidnap....
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....
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