In Reference Additional Sessions Judge/Special Judge, Budhar District Shahdol M. P. vs Ramnath Kewat Alias Bhursoo

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 860

IN THE HIGH COURT OF MADHYA PRADESH
Sujoy Paul, Prakash Chandra Gupta, JJ.
In Reference Additional Sessions Judge/Special Judge, Budhar District Shahdol M.P. – Appellant
Versus
Ramnath Kewat Alias Bhursoo – Respondent
CRRFC No. 04 of 2019 and Criminal Appeal No. 2754 of 2019
Decided On : 29-07-2022

Advocates Appeared:
Shri Sanjay Agrawal, Senior Advocate With Shri Anuj Agrawal - Advocate, Shri Abhay Gupta - Advocate, Shri R.S. Shukla- Advocate, Shri Yogesh Dhande- Government Advocate, for the Respondent.

Headnote:(A) Indian Penal Code - Sections 302, 376, 201 - Protection of Children from Sexual Offences Act, 2012 - Conviction for rape and murder of a minor - Accused sentenced to death and life imprisonment, later modified to 35 years, with concurrent sentences - Evidence from witnesses, medical examination, and DNA corroborated prosecution claims, establishing guilt beyond reasonable doubt. (Paras 1-94)

(B) Circumstantial evidence and DNA testimony - Quintessential reliance on scientific reports in establishing linkage to the crime - DNA results matched between accused and victim, negating defense doubts about evidence integrity. (Paras 72-86)

(C) Mitigating and Aggravating Factors for Sentencing - Despite conviction upheld, mitigating circumstances led to modifying death sentence to 35 years imprisonment, recognizing friendly relationship and absence of premeditated violence. (Paras 87-94)

Facts of the case:
The accused raped and murdered a 12-year-old girl, attempting to conceal her body. Victim's age established via school records and witness statements; post-mortem confirmed sexual assault prior to homicide.

Findings of Court:
The appellate court confirmed the guilty verdict but found death penalty unwarranted; therefore, amended the sentence to 35 years.

Issues: The main issues included the reliability of evidence regarding the victim's age, validity of DNA tests, and appropriateness of the death penalty.

Ratio Decidendi: The court reiterated established principles regarding circumstantial evidence and the evidentiary weight of DNA; emphasized that mitigating factors could warrant a reduced sentence even in heinous crimes.

Result: Appeals partly allowed; death sentence modified to 35 years imprisonment.

Table of Content
1. summary of prosecution's evidence regarding the crime (Para 2 , 3 , 4 , 5 , 6 , 7)
2. establishing victim's age through witnesses and documents (Para 8 , 9 , 10 , 11 , 12 , 13)
3. medical evidence confirming rape and murder (Para 14 , 15 , 16)
4. details regarding the investigation and recovery of evidence (Para 17 , 18 , 19)
5. arguments by the appellant's counsel challenging evidence (Para 24 , 25 , 26 , 27 , 28 , 29)
6. legal principles regarding determination of age and evidentiary standards (Para 50 , 52 , 54)
7. court's consideration of eyewitness testimony (Para 61 , 62 , 63)
8. final judgment and opinion on sentencing (Para 89 , 90 , 94)

JUDGMENT

Sujoy Paul, J. - The Death Reference and Criminal Appeal are arising out of impugned judgment dated 05.03.2019 passed in Case No.400160/2015 whereby appellant was held guilty for committing the offences and sentenced as under :-

Serial No.	CONVICTION	SENTENCE
1.	Under Section 376 (2) (I) New Section of April 2, 2013 in Criminal Proceeding is Jointly with 5/6 Sexual Offences in Connection with the Child's Crime 376-A of the I.P.C.	Death Sentence to be hanged till death and fine of Rs.200/-(Rs. Two Hundred) Only. In default of payment of fine further R.I. for 01 month.
2.	Under Section 302 of the I.P.C.	Death and fine of Rs.200/-(Rs. Two Hundred Only. In default of Payment of fine further R.I. for 01 month.
3.	Under Section 201 of the I.P.C.	R.I. for seven years and fine of Rs.200/- only. In default of payment of fine further R.I. for 1 month.
All sentences shall run concurrently. In the above death sentence it is directed that the appellant be hanged by the neck till his death.

FACTUAL BACKGROUND :-

2. The case of the prosecution before the Court below was that on 09.06.2015 at around 1:30 P.M. in village Jhagraha, Police Station Amlai, District Shahdol, the appellant raped and murdered 12 years old girl in the vacant room of Kailash Kewat and tried to hide her dead body under the paddy straws.

3. To elaborate, on 09.06.2015 the family members of victim were taking rest in their house. The father of victim was sleeping. The younger sister of victim (P.W.3) was watching T.V. with the victim. The victim told her younger sister (P.W.3) that she is going to answer the call of the nature. When she did not return for quite sometime, (P.W.3) came out of the house and found that in the house of Kailash Kewat, there is a vacant room which is opened. Out of curiosity, (P.W.3) went in front of that door and found that appellant is trying to hide. Out of fear, she came back. Thereafter, family members started searching for the victim. During search at around 7:00 P.M., the uncle of deceased (P.W.5) found that the dead body of victim is lying on the floor of a room of Kailash Kewat (P.W.9). The said room was being used to keep paddy straws & chaff. The legs of deceased were covered by using a heap of paddy straws.

4. The father of deceased (P.W.1) received an information on phone from his younger brother (P.W.5) about the dead body of her daughter. He, in turn, lodged the merg intimation. The police reached the scene of crime and prepared a punchnama of the dead body. Thereafter, the post mortem of dead body of the victim was conducted. The relevant educational qualification documents of victim were obtained from her father (P.W.1). During investigation, the statement of (P.W.3) was recorded under Section 164 of the Cr.P.C.

5. A site map was prepared. The undergarments and clothes of victim were recovered. In addition, the plain and blood stained soil were recovered. All the seized materials were sealed and a seizure memo was prepared. The appellant was arrested on 10.6.2015 and on the basis of his statement, from his house a blood stained T-shirt and underwear was recovered. The statement of accused was recorded in a DVD.