Bombay HC upholds Conviction, Commute Death Penalty Of 23 Yr Old based of Extra Judicial Confession

Bombay HC upholds Conviction, Commute Death Penalty Of 23 Yr Old based of Extra Judicial Confession

The Bombay High Court upheld the conviction and commuted the death Penalty of 23 Year old based of Extra Judicial Confession.

Background 

When the father of the deceased girl child was at home, he was informed by some children from the neighborhood that the missing child was found. The people in the vicinity informed the complainant that an abandoned dead body of a child was seen in the bushes on the open land behind the chawl. He had also learnt from the people in the neighborhood that a person working in the power loom had seen the dead body when he had gone to the spot for defecating. PW. 1 reached the spot, saw the dead body and identified it to be that of his daughter from the clothes and the footwear. 

Arguments 

The Respondent contended that prosecution has failed to substantiate the charges leveled against the appellant. He highlighted the observations in the post-mortem report and has submitted that there are no injuries on the private part of the victim. 

It is also submitted that just because the accused had left for his native place and was arrested there, it cannot be said to be an incriminating circumstance. 

APP, appearing for the state, contended that the injuries on the inner part of the thighs is a sufficient indication of sexual assault. That the body was found in a decomposed state with arms and legs amputated.

Decision 

The division bench of Justice Prithviraj K. Chavan and Justice Smt. Sadhana S. Jadhav found that there is no specific finding about one of the cause of death being sexual assault and as against it, there is a specific question that sexual assault was determined only on the basis of CA report. In view of this, the Respondent deserves to be acquitted under section 376 of the Indian Penal Code and section 4, 8, 9(h) and 10 of the Protection of Children from Sexual Offences Act.

The court said that there is no material to show that the accused was overpowered by lust. There is no evidence of sexual assault and therefore, the accused deserve to be acquitted for Section 376 of Indian Penal Code and Section 4, 8, 9 (h) and 10 of Protection of Children from Sexual Offences Act, 2012.   

The court upheld the conviction of the Respondent for offense punishable under Section 302 of Indian Penal Code and modified the sentence to suffer imprisonment for life and to pay a fine of Rs. 5,000/-, in default to suffer further RI for 6 months.

Case title: The State of Maharashtra v/s Mohammad Aabed Mohammad Ajmir Shaikh 

Citation: CRIMINAL CONFIRMATION CASE NO. 2 OF 2019  

Click here to read the Order/Judgment

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