R.P. RAJ Vs. THE STATE

JUDGEMENT

(1.) The appellant, R. P. Raj was sentenced to death for kidnapping, rape and murder of a minor girl by Learned Sessions Judge, Andaman & Nicobar Islands in Sessions Case No.26 of 2008. The appellant was also sentenced to imprisonment for life for kidnapping and murder of another minor girl by Learned Sessions Judge, Andaman & Nicobar Islands in Sessions Case No.27 of 2008. Learned Sessions Judge submitted the proceedings of Sessions Case No.26 of 2008 to the High Court for confirmation of death sentence of the appellant and the same was registered as D.R. No.01 of 2013. The appellant has challenged the judgment and order of sentence of Sessions Case No.26 of 2008 and Sessions Case No.27 of 2008 by preferring Criminal Appeal No.13 of 2013 and Criminal Appeal No.15 of 2013 respectively. We have heard both the appeals and death reference and decided to dispose of the same by one common judgment, as major portion of the evidence is common in both the Sessions Cases.

(2.) Recapitulation of brief facts: The appellant was running a coaching centre along with his wife, Smt. Tulsi Devi in the house of his father-in-law at Diglipur in Andaman & Nicobar Islands. One Sunita Lal Das, aged about 14 years and one Papri Biswas aged about 14 years were the students of the said coaching centre. Mohammed Ashraf, Mohammed Naushad, C. Shiva Kumar and many others were the students of the said coaching centre. On 26.03.2008 at about 6 A.M. Sunita Lal Das (hereinafter referred to as Sunita) went to the coaching centre along with her step father, but did not return.

(3.) Evaluation of evidence: The majority of the evidence is common in both Sessions Case No.26 of 2008 and Sessions Case No.27 of 2008 and as such the same is evaluated simultaneously for convenience of discussion.