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2015 Supreme(MP) 426
MADHYA PRADESH HIGH COURT AT GWALIOR BENCH
U.C. Maheshwari, C.V. Sirpurkar, JJ.
Prakash Singh - Appellant
Versus
State of M.P. and Ors. - Respondent
Criminal Appeal No. 507-1999
Decided On : 20-03-2015
For the Petitioner: Madhukar Kulshrestha, Learned Counsel.
For the Respondents:M.P.S. Raghuvanshi, Learned Dy. Advocate General.
The judgment underscores the requirement for circumstantial evidence to be conclusive and exclude all other hypotheses, emphasizing the need for reliable witness testimonies and proper handling of seized evidence.
Headnote:
Criminal Appeal - Conviction and Sentence - Sections 376, 302, 201 of IPC - The court acquitted the appellant Prakash Singh of charges of rape and murder, extending the benefit of doubt.
Fact of the Case:
The case involved the rape and murder of a nine-year-old girl. The prosecution alleged that the appellant, along with a co-accused, enticed the girl, raped her, and then killed her to destroy evidence.
Finding of the Court:
The court found that the prosecution failed to establish beyond reasonable doubt that the appellant was involved in the crime. It highlighted inconsistencies in witness testimonies, lack of substantive evidence, and unreliable circumstantial evidence.
Issues: The main issue was the lack of substantive evidence to link the appellant to the crime, including the absence of eyewitnesses, unreliable identification parade, and doubts regarding the recovery of incriminating items.
Ratio Decidendi: The court emphasized the need for circumstantial evidence to be firmly and cogently established, excluding every possible hypothesis except guilt. It also stressed the importance of reliable and detailed police statements and the proper custody and handling of seized evidence.
Final Decision: The court set aside the appellant's conviction and sentence, acquitting him of all charges due to the lack of conclusive evidence.
C.V. Sirpurkar, J.
1. In this criminal appeal challenge is made to the judgment dated 22.09.1999 passed by the Court of Additional Session Judge, Chachora, Camp Guna, Shri S.R. Nag in Session Trial No. 123/1998, whereby learned Additional Session Judge had convicted and sentenced appellants Lallu Singh and Prakash Singh as follows:
2. The sentences under aforesaid provisions were directed to run concurrently and the period undergone by each of them during investigation, inquiry and trial was to be adjusted in accordance with section 428of the Cr.P.C.
3. Co-convict Lallu Singh and present appellant Prakash Singh had jointly preferred a separate Criminal Appeal No. 665/1999 against their conviction and sentence imposed by the impugned judgment; however, that appeal in respect of co-convict Lallu Singh was dismissed as withdrawn by this Court vide order dated 11.08.2014 because co-convict Lallu Singh had already undergone sentence imposed upon him by the learned trial Court and he had been released from the jail. So far as present appellant Prakash Singh is concerned, he was allowed to withdraw Criminal Appeal No. 665/1999 with liberty to pursue present criminal appeal No. 507/1999. As such, this appeal is being considered in respect of only appellant Prakash Singh.
4. The prosecution story may be summarized as hereunder: On 14.01.1998, a written report was lodged on behalf of Railway Inspector, Guna stating that dead body of a person was lying across the railway track on Bina-Kota at Ashok Nagar. A police party reached the spot and discovered mutilated dead body of a girl aged about 9-10 years, lying on the railway track. It was apparently run over by a passing train. At that time Islam Khan reached the spot and identified the dead body as belonging to his daughter Chand Bee. During investigation, it was learnt that a day prior to the discovery of the dead body i.e. on 13.01.1998, at around 2 P.M. on 13.01.1998, accused Lallu Singh had come to the grocery shop of Smt. Akeela (PW/4) and had given her a Rs. 100/- note after purchasing biscuits and balloons for a child he was carrying. Smt. Akeela (PW/4) had returned nine new Rs.10/- notes bearing the image of Mahatma Gandhi, to him. Thereafter deceased Chand Bee had gone to the floor mill where her brother Iskan worked. Chand Bee told Iskan that accused Lallu Singh had given one of those Rs. 10/- notes to her for fetching cigarettes. Thereafter, Chand Bee had returned. In the evening witnesses Majit Khan (PW/1), Afroza (PW/2), Layeek Khan (PW/3) and Leela bai (PW/10) had seen deceased Chand Bee in the company of appellants Lallu Singh and Prakash Singh. After that no one saw her alive. The scooter on which the deceased Chand Bee was last seen in the company of the appellants Prakash Singh and Lallu Singh, was purchased by appellant Prakash Singh from Firoz Khan (PW/6). During post mortem examination, it was discovered that the hymen on the dead body of deceased Chand Bee was found to be torn and there were blood clots in the vagina. Thus, in the opinion of the doctor conducting post mortem, aforesaid injury was caused by insertion of some hard and blunt object. It was also found that there were two lacerated wound in the parietal and frontal region of the head of deceased which lead to her death. The injuries to her head and vagina were ante-mortem in nature and after her death the dead body was thrown on railway track; whereon, it was mutilated under a running train.
5. During investigation, at his instance of appellant Prakash Singh a pant, a bush shirt and an underwear wer seized from the house of accused Prakash Singh. A blue-black coloured LML Vespa Scooter was and seized from his house. A solitary strand of red wool entangled with the button of the left pocket of the bush shirt recovered from the possession of appellant Prakash Singh was also seized. Thereafter, Two red coloured strands of wool originating from the sweater worn by deceased Chand Bee at the time of the
