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ARVIND SINGH SANGWAN, MOHD. AZHAR HUSAIN IDRISI
Zulfikar Abbasi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
ARVIND SINGH SANGWAN, J.
1. Heard Sri Anil Kumar Singh, Sri Dharmendra Singh, Sri Rahul Shrivastva and Sri Sikandar Khan, learned counsel for the appellants, learned AGA for State, Sri Ganesh Shanker Srivastava and Sri Saurabh Gaur, learned counsel for the informant and perused the material available on record.
2. Reference No. 5 of 2021 has been made by the court of Additional Sessions Judge (Rape Case) POCSO Act, Court No. 2, Bulandshahr for confirmation of capital punishment awarded to appellants Zulfikar Abbasi, Israil @ Malani and Dilshad Abbasee in Special Case No. 1844 of 2018 (State Vs. Zullfikarl and others). The jail appeals being Capital Case No. 6 of 2021, 8 of 2021 and 10 of 2021 have been filed by the appellants challenging the judgment of conviction dated 24.3.2021 (as corrected on 26.3.2021), holding them guilty of offence, arising out of Case Crime No. 04/2018, Police Station-Kotwali Nagar, District-Bulandshahr under Section 364, 376D, 302/34, 201, 404 IPC & Section 5G/6 POCSO Act. The trial court has awarded death sentence to the appellants with fine of Rs. 01 lakh each, In case of non-payment of the fine further undergo two years additional rigorous impri
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.
Circumstantial evidence, particularly the 'last seen' principle, can suffice for conviction in rape and murder cases yet demands rigorous scrutiny for reliability.
For conviction under circumstantial evidence, the complete chain implicating guilt must exclude reasonable doubt of innocence.
Quantum of sentence – There can be no straitjacket formulae – A delicate balance has to be struck – Fundamental underpinning is principle of proportionality.
(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....
(1) Evidence is only to be weighed and not to be counted – It is essentially, for prosecution to decide as to how many witnesses are to be examined to establish its case on any particular point.(2) D....
The judgment establishes that circumstantial evidence must form a complete, unbroken chain directly linking the accused to the crime, which warranted a life sentence in this case.
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