CHANDRABHAN SUDAM SANAP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal calls in question the correctness of the judgment of the High Court of Judicature at Bombay dtd. 20/12/2018 in Confirmation Case no. 3 of 2015 with Criminal Appeal No. 1111 of 2015. By the said judgment, the High Court upheld the conviction and the sentence of death imposed on the appellant by the Court of Sessions for Greater Bombay (hereinafter referred to as the 'Trial Court') in Sessions Case No. 388 of 2014 and consequently dismissed the criminal appeal filed by the appellant. The Trial Court convicted the appellant for the offences punishable under Ss. 302, 364, 366, 376(2)(m), 376A, 392 read with Sec. 397 and 201 of the Indian Penal Code (for short 'IPC'). For the offences punishable; under Sec. 302 IPC, the appellant was sentenced to death; under Sec. 364 IPC, rigorous imprisonment for 10 years and to pay a fine of Rs.10,000.00, in default to undergo rigorous imprisonment of one year; under Sec. 366 IPC, a sentence of ten years RI and to pay a fine of Rs.10,000.00, in default RI for one year; under Sec. 376(2)(m) IPC, a sentence of RI for ten years; under Sec. 376A IPC, RI for life which was to mean imprisonment for remainder of his natural life; under Sec. 392 read with 397 IPC, a sentence of RI for seven years and under Sec. 201 IPC, he was sentenced to RI of seven years. All the sentences were to run concurrently. The appellant was directed to pay a sum of Rs.50,000.00 as compensation to be payable to the parents of the deceased.

(2.) The deceased is a 23 year old young woman (hereinafter referred to as 'EA' in the judgment). PW-26 Singavarapa Jonathan Surendra Prasad is the father of the deceased EA. According to the prosecution, the deceased, who was working in Mumbai and staying at the YWCA Hostel for Women in Andheri, visted her parents at Machilipatnam in Andhra Pradesh between 22/12/2013 and 4/1/2014. On 4/1/2014, PW-26 dropped her at the Vijayawada Railway Station at about 05:00 AM. The deceased EA boarded Visakhapatnam LTT Express which was to reach Mumbai early morning on 5/1/2014. The deceased EA called her father at 09:00 PM on 4/1/2014 when the train was crossing Solapur Station. According to PW-26, after reaching Mumbai, EA did not contact him. He, however, constantly made attempts to contact her mobile number but there was no response. PW-26 contacted the YWCA Hostel where she was staying, and he was informed that EA had not turned up. According to PW-26, on 5/1/2014 itself, he lodged a missing complaint with the Railway Police Station at Vijayawada. Thereafter, he took the missing complaint and went to Mumbai. He along with his relatives went to LTT Railway Station where the Railway Police told PW-26 that the case did not come under their jurisdiction and directed him to go to Kurla Police Station.

(3.) Thereafter, PW-26 states that with the help of police they started searching for his daughter and the last signal of the tower location of her mobile was found at Bhandup. The anxious father continued his search along with his relatives. Ultimately, on 16/1/2014, they found the body of EA in the bushes near the Express Highway. PW-26 states that the condition of the body was burnt and beyond recognition. Based on a ring in her finger, he identified the body as that of his daughter. According to PW-26, as the case came under Kanjur Marg Police Station, he lodged a complaint therein for the offence of murder and an F.I.R. (Exh.134) was registered.