Conviction cannot rely solely on extra-judicial confessions or 'last seen' evidence without corroborative proof or clear circumstantial links.

JUDGMENT :

K.Surender, J.

1. The Appeal is filed by the appellant aggrieved by the judgment dated 11.11.2016, in S.C.No.715 of 2011, on the file of VI Additional Sessions Judge, at Mahbubabad. The appellant was convicted for the offences punishable under Sections 302 and 379 of IPC and sentenced to undergo life imprisonment.

2. Heard learned counsel for the appellant and Sri Arun Kumar Dodla, learned Additional Public Prosecutor for respondent-State.

3. The dead body of Boda Dubli (deceased), who was 45 years old, was found on 12.07.2009 around 8 a.m., behind the Government Junior College, Mahbubabad. On the basis of the information given to P.W.1, who is the daughter of the deceased, and P.W.1’s father, who was the complainant (died during the pendency of the trial), they went there and found the dead body. There were injuries on the deceased’s breasts, and her tongue was protruding. It appeared that she was strangulated to death. According to P.W.1, she was informed that the accused were responsible for causing the death of her mother. The Investigating Officer/P.W.21 took up the investigation of the case, and went to the scene, and conducted the scene of offence panchnama. Having concluded the scene of offence panchnama, the inquest was conducted in the presence of the witnesses, and thereafter, the body was sent for post-mortem examination. Since there was suspicion of rape, vaginal swabs were also taken along with the clothes and sent to the FSL by the Investigating Officer.

4. The post mortem Doctor/P.W.18 found the following injuries:-

“1. Contusion measured 1 x 1 inches below the right side angle of mandible.

2. Contusion measured 1 x ½ inch below the left side of the mandible.

3. Abrasion 2 x 2 inches over the right elbow extensor part, caused by blunt surface.

4. Multiple teeth bite marks over the both breasts and left side face.

5. The anterior part of the chest and abdominal wall are looking bluish discoloration.

6. The posterior vaginal wall is looking raw with bleeding through vizier was found.”

According to P.W.18, the cause of death was due to mechanical asphyxia.

5. It was alleged that on 30.07.2009, A-1 went to the house of P.W.9, and informed him that he, along with A-2, killed the deceased by strangulating her with her own saree behind the Government Junior College. Since A-1 expressed fear that the Police would arrest him, he requested P.W.9 to surrender him to the Police. Then P.W.9 took A-1 to the Police Station and surrendered A-1 before P.W.22/Inspector of Police, WPS, Warangal. During the interrogation, in the presence of independent witnesses, A-1 produced a silver toe ring from his pocket and handed it over to the Investigating Officer. According to the prosecution case, the toe ring belongs to the deceased. Pursuant to the confession of A-1, A-2 was also apprehended. Even from the possession of A-2, one silver toe ring was recovered, which according to the prosecution, belongs to the deceased.

6. The blood samples of A-1 and A-2 were sent to the FSL for the purpose of DNA testing. The FSL report stated that semen and spermatozoa were present in the wearing apparel of the deceased. However, since the prosecution failed to prove the offence of rape, the learned Sessions Judge acquitted A-1 and A-2 for the offence of rape, and convicted only A-1 for murder.

7. Learned legal aid counsel, Sri V.Ravi Kumar, appearing on behalf of the appellant, would submit that the entire foundation laid by the prosecution is on the basis of the confession of A-1. The prosecution failed to prove that there was rape, and in fact, the learned trial Judge