2000 CRI. L. J. 4363 ::2000 CriLR(SC MAH GUJ) 593 ::2000 (3) GujLR 1925 ::2001 (1) GujLH 177

Gujarat High Court

Hon'ble Judge(s): M. R. Calla, R. R. Tripathi , JJ

(A) Penal Code (45 of 1860) , S.375, S.300— Rape and murder - Circumstantial evidence - Corroborated by admission of accused to doctor examining him that "he took away victim to place of occurrence, biting on her face pressed her mouth and tried sex with her for half an hour and went back to his house and gone to sleep when he felt that she was dead" - Said admission also corroborated from resemblance of button found from scene of offence with 3 buttons of shirt of accused - And blood Group of the accused also found to be same as that was present on the saliva of smoked bud of bidi found at place of offence and was of Group 'B' - Conviction of accused under Ss. 363, 376(2)(F), 451 and 302 - No interference. (Para 26 27) (B) Penal Code (45 of 1860) , S.302— Death sentence - Commutation - Rarest of rare case - Accused in order to satisfy his sexual urge took away girl of about 5 years of age from her house and in the process also caused her death - Accused, a boy of 20 years of age and not hardened criminal - Ignorant of social and moral values - Not menace to society - Convicted solely on basis of circumstantial evidence with corroboration of button and saliva on bidi bud found at place of offence coupled with his own say before doctor - Case is not rarest of rare case ....