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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, SANJAY PRASAD,
State of Jharkhand – Appellant
Versus
Bandhan Oraon, son of late Budhwa Oraon – Respondent
| Table of Content |
|---|
| 1. conviction based on circumstantial evidence (Para 2 , 3 , 4) |
| 2. details of prosecution witness testimonies (Para 5 , 6 , 10) |
| 3. circumstances surrounding victim's death (Para 7 , 8 , 9) |
| 4. court's reasoning on evidence and conviction (Para 24 , 25 , 26) |
| 5. factors influencing the imposition of death penalty (Para 28 , 29 , 30) |
| 6. mitigating and aggravating circumstances in sentencing (Para 32 , 33 , 34) |
JUDGMENT :
Per, R. Mukhopadhyay, J.
Heard Ms. Sunita Kumari, learned counsel for the appellant and Mr. Vinit Kumar Vashistha, learned A.P.P.
2. This appeal is directed against the judgment of conviction and the order of sentence dated 16.02.2019 and dated 20.02.2019 respectively passed by Shri Lolark Dubey, the learned Additional Sessions Judge I-cum- Special Judge, Gumla in Special POCSO Case No. 67/2018, whereby and whereunder, the appellant has been convicted for the offences under sections 302/376 AB of the Indian Penal Code and has been sentenced to death along with a fine of Rs.10,000/- for each of the said section.
3. The prosecution case arises out of the written report of Etwari Oraoin in which it has been stated that on 23.09.2018 the daughter of the informant vic
The court reaffirmed that circumstantial evidence can substantiate a conviction for murder and assault, while also allowing for the consideration of mitigating factors that may influence sentencing o....
Circumstantial evidence can be sufficient for conviction in absence of eyewitnesses; mitigating factors can influence sentencing, leading to commutation of death penalty to life imprisonment.
Circumstantial evidence can support conviction despite the absence of eyewitnesses; the death penalty may be commuted based on mitigating factors including youth and possibility of reform.
The court upheld the death penalty for the appellant, emphasizing the severity of the crime that eliminated his family members in a brutal act.
Circumstantial evidence, particularly the 'last seen' principle, can suffice for conviction in rape and murder cases yet demands rigorous scrutiny for reliability.
The court upheld the conviction for kidnapping, gang rape, and murder but commuted the death penalty to life imprisonment due to lack of exceptional circumstances.
Offence of Murder – Death Sentence Confirmed - Imposition of death sentence in ‘rarest of rare’ cases - Instant case falls in category of 'rarest of rare case', warranting capital punishment. Hence d....
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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