HARESH MOHANDAS RAJPUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These appeals have been preferred against the impugned judgment and order dated 11.1.2008 in Criminal Appeal Nos. 1020/2001 and 401/2002 of the High Court of Bombay in which the High Court has confirmed the order of conviction dated 19.9.2001 passed by the Additional Sessions Judge, Pune in Sessions Case No. 41 of 2000 for the offences of rape and murder, however, altered the sentence of life imprisonment awarded by the Trial Court to death sentence while allowing the criminal appeal of the State for enhancement of punishment.

(2.) FACTS:

(3.) Shri D.N. Goburdhan, learned counsel appearing for the appellant, has submitted that there is no evidence on record to connect the Appellant with the crime. Circumstantial evidence was not to the effect that it would indicate towards the guilt of the Appellant in exclusion of any hypothesis of innocence. There are material inconsistencies in the statements of the witnesses which go to the root of the case. There is no sufficient evidence on record on the basis of which conviction of the Appellant could be recorded. However, under no circumstance the High Court could be justified in enhancing the punishment from life imprisonment to death sentence. Thus, the appeals deserve to be allowed.