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JUDGMENT

‘ REPORTABLE’

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1485 OF 2008

State of Gujarat

… Appellant

Versus

Kishanbhai Etc.

… Respondents

J U D G M E N T

Jagdish Singh Khehar, J.

1.

A complaint was lodged at Navrangpura Police Station,

Ahmedabad, alleging the kidnapping/abduction of a six year old girl

child Gomi daughter of Keshabhai Mathabhai Solanki and Laliben on

27.2.2003 at around 6:00 p.m. by the accused Kishanbhai son of

Velabhai Vanabhai Marwadi. It was alleged, that the accused had

enticed Gomi with a “gola” (crushed ice, with sweet flavoured syrup),

and thereupon had taken her to Jivi’s field, where he raped her. He had

murdered her by inflicting injuries on her head and other parts of the

body with bricks. In order to steal the “jhanjris” (anklets) worn by her, he

had chopped off her feet just above her ankles. The aforesaid

complaint was lodged, after the body of the deceased Gomi was found

from Jivi’s field, at the instance of the accused Kishanbhai. On the

receipt of the above complaint, the first information report came to be

registered at Navrangpur Police Station, Ahmedabad.

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2. The prosecution version which emerged consequent upon the

completion of the investigation reveals, that the family of the deceased

Gomi was distantly related to the family of the accused Kishanbhai. In

this behalf it would be pertinent to mention that Baghabhai Naranbhai

Solanki was a resident of Gulbai Tekra, in the Navrangpura area of

Ahmedabad. He resided there, along with his family. For his livelihood,

Baghabhai Naranbhai Solanki was running a shop in the name of

Mahakali Pan Centre. The said shop was located near his residence.

Baghabhai Naranbhai Solanki was running the business of selling “pan

and bidi” in his shop. Naranbhai Manabhai Solanki, father of Baghabhai

Naranbhai Solanki used to live in the peon’s quarters at Ambavadi in

Ahmedabad. Modabhai Manabhai Solanki, uncle of Baghabhai

Naranbhai Solanki, had expired. His son Devabhai’s daughter Laliben,

was married to Keshabhai Mathabhai Solanki. Keshabhai Mathabhai

Solanki and Laliben were residing at Shabamukhiwas, Gulbai Tekra in

Ahmedabad. Keshabhai Mathabhai Solanki and Laliben had two

children, a daughter Gomi aged six years, and a son Himat aged three

years. Laliben’s sister-in-law (her husband’s, elder brother’s wife)

Fuliben Valabhai was residing near the residence of Keshabhai

Mathabhai Solanki and Laliben. Kishanbhai the accused, is the brother

of Fuliben, and was residing with her. It is therefore, that the family of

the deceased as also the accused, besides being distantly related, were

acquainted with one another as they were residing close to one another.

3.

Insofar as the occurrence is concerned, according to the

prosecution, on 27.2.2003 Laliben, niece of Baghabhai, was confined to

her residence, as she was expecting. At about 6:00 p.m. her daughter

2

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Gomi, then aged 6 years, had wandered out of her house. The accused

Kishanbhai then aged 19 years, entice her by giving her a “gola”.

Having enticed her he had carried Gomi to Jivi’s field. On the way to

Jivi’s field, he stole a knife with an 8 inch blade from Dineshbhai

Karsanbhai Thakore PW6, a “dabeli” (bread/bun, with spiced potato

filling) seller. Having taken Gomi to Jivi’s field he had raped her. He

had then killed her by causing injuries on her head and other parts of the

body with bricks. In order to remove the “jhanjris” worn by her, he had

amputated her legs with the knife stolen by him, from just above her

ankles. He had then covered her body with his shirt, and had left Jivi’s

field. Kishanbhai the accused, then took the anklets stolen by him to

Mahavir Jewellers, a shop owned by Premchand Shankerlal. He

pledged the anklets at the