STATE OF RAJASTHAN Vs. SUBHASH CHAND

JUDGEMENT

(1.) Additional District and Sessions Judge, Kotputli has made reference to this Court under Sec. 366 Code Criminal Procedure for confirmation of death sentence awarded to the accused, while the accused has filed two appeals challenging his conviction. D. B. Criminal Appeal No. 455/93 has been filed through Jail, while Appeal No. 453/93 has been filed as a represented appeal.

(2.) The incident of the case is shocking one as a girl aged five years was made victim of rape and, thereafter, murdered. The sole accused-appellant before us was tried for the offence punishable under Sections 302 and 376 Penal Code in Sessions Case No. 52/92 (Old No. 109/91). The learned Additional Sessions Judge convicted him both under Sections 302 and 376 IPC. Under Sec. 302 Penal Code he was sentenced to death, while under Sec. 376 Penal Code he was awarded imprisonment for life and to pay a fine of Rs. 10,000. In default of payment of fine, he was awarded further rigorous imprisonment for three years vide impugned judgment dated 28th Sept., 1993.

(3.) At the very out-set, it may be stated that there is no direct evidence against the appellant and the case rests purely on circumstantial evidence. I am conscious of the gravity of the offences and am equally conscious that in a case of capital punishment which on the face of it, is cruel and revolting, it becomes all the more necessary for the Court to scrutinise the evidence with more than ordinary care. The gravity of the offence by itself cannot over-weigh so far as the legal proof in concerned. With above cautions in mind, I now proceed to examine the facts and circumstances as put forward and the various arguments advanced before us.