PURNA CHANDRA KUSAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal by way of special leave is directed against the judgment of the High Court of Orissa whereby the Appellant has been convicted for offence punishable under Sections 302 and 376 of the Indian Penal Code. Asentence of death had been awarded by the Sessions Courtand the same has been confirmed by the High Court by way of a reference made under Section 366 of the Code of Criminal Procedure.

(2.) As per the prosecution story, the Appellant Purna Chandra alias Chotu and P.W. 5, Brunda Jaiswal, the mother of the deceased girl, were neighbours and were residing in a basti near the railway line near Bondamunda Railway Station. At about 5:00p.m. on the 14th November, 2002, P.W. 5 left her home for the local market to sell the coal that she had collected from the railway line leaving behind her son P.W. 10 and her deceased daughter who were both playing with the Appellant. P.W. 5 returned home after fifteen or twenty minutes and found that her daughter was missing. She along with P.W. 10 searched forher but could not find her. She, however, received information after a short while that the dead body of her daughter was lying on the railway track. She rushed to that side and found the dead body lying in between two bogies. Information about the dead body was also conveyed to the police and a police party soon reached the spot. The body was also despatched for its post mortem and it was found that the girl had been raped and murdered by asphyxiation. A First Information Report was thereupon drawn up on the basis of the inquiry conducted by the police. During the course of the investigation, the police arrested the Appellant and on a statement made by him under Section 27 of the Evidence Act, the clothes of the victim which he had hidden after her rape and murder, were recovered. Similarly on his disclosure, the clothes that he had been wearing too were recovered. The trial court relying on the evidence of P.W. 5 and P.W. 10 and also the fact that the recoveries had been made at the instance of the Appellant convicted and sentenced him as already mentioned above.

(3.) We have heard the Learned Counsel for the parties.