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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
State of Jharkhand – Appellant
Versus
Indar Oraon, son of Laxman Oraon – Respondent
| Table of Content |
|---|
| 1. background of the prosecution case and conviction (Para 3 , 4 , 5 , 6 , 7 , 8 , 10) |
| 2. appellant's challenge to trial court's judgment (Para 12 , 13 , 14) |
| 3. importance of circumstantial evidence and last-seen theory (Para 23 , 24 , 25 , 29 , 31) |
| 4. establishing guilt through eyewitnesses and circumstantial evidence (Para 60 , 62 , 67 , 69) |
| 5. criteria for awarding death penalty (Para 78 , 79 , 80 , 86 , 90) |
| 6. final ruling and conclusion of the court (Para 96 , 97 , 99 , 100) |
JUDGMENT :
Sujit Narayan Prasad, J.
1. Heard learned counsel for the appellant, facing the death sentence, and learned counsel for the State, in the death reference.
2. As this death reference and the instant appeal arise out of the common Judgment of conviction and Order of sentence, they were heard together and are being disposed of by this common Judgment.
3. This death reference and the connected Criminal Appeal arise out of the impugned Judgment of conviction dated 09.01.2025 and Order of sentence dated 10.01.2025 passed by learned Additional and Sessions Judge-I-cum-Special Judge (POCSO Act), Lohardaga, in Special POCSO Case No.09/2023 whereby, the sole appellant Indar Oraon has been found guil
The conviction of the accused for the brutal murder and rape of a child was upheld, applying the principle of last-seen theory and circumstantial evidence under Sections 302 IPC and 6 of the POCSO Ac....
The court ruled that the prosecution failed to prove the victim's age as below 18 years, thus the POCSO Act was not applicable, leading to a modification of the conviction under IPC.
Circumstantial evidence, particularly the 'last seen' principle, can suffice for conviction in rape and murder cases yet demands rigorous scrutiny for reliability.
(1) Age determination is of paramount importance for ascertaining whether or not an accused comes within purview of Juvenile Justice (Care and Protection of Children) Act, 2015.(2) Compensation to vi....
For conviction under circumstantial evidence, the complete chain implicating guilt must exclude reasonable doubt of innocence.
The imposition of the death penalty requires the statutory provision of special reasons, and a balancing of aggravating and mitigating circumstances must be conducted.
(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....
The court held that the prosecution failed to prove charges against the appellants beyond reasonable doubt, leading to their acquittal; the victim is entitled to compensation under relevant legal pro....
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