Site icon Raw Law

Tripura High Court Upholds Life Sentence for Man Convicted of Rape and Murder of Woman Collecting Firewood, Citing Forensic DNA Match, Recovery of Articles, and Unbroken Circumstantial Chain to Deny Appeal

rape and murder
Share this article

“We find no reason to interfere with the conviction and sentence awarded by the trial court as the prosecution has proved all charges beyond reasonable doubt.”


Court’s Decision:

The Tripura High Court dismissed the appeal filed by the accused against his conviction and sentences under Sections 341, 376(1), 302, and 201 of the Indian Penal Code. The Court affirmed the trial court’s order sentencing the appellant to:

The Court held that the circumstantial evidence, DNA evidence, and recovery of incriminating articles established the guilt of the appellant beyond reasonable doubt, leaving no scope to interfere with the conviction.


Facts:

On 5 October 2020, the victim, wife of the informant, went to collect firewood in a litchi garden but did not return home by evening. Her dead body was found the next day under a litchi tree with injury marks on her neck. An FIR was registered, and during the investigation, the police arrested the appellant on suspicion due to injuries noticed on him and based on subsequent disclosure, recovered the victim’s ornaments, a gamchha used for strangulation, and a dao from locations identified by the appellant.

The trial court convicted the appellant based on DNA evidence, recovery of articles, and witness testimonies, leading to the present appeal.


Issues:

  1. Whether the conviction and sentence imposed on the appellant for rape and murder were sustainable based on circumstantial evidence.
  2. Whether the DNA evidence and recovery of articles on disclosure could be relied upon to affirm the conviction.
  3. Whether there was any procedural irregularity or lack of evidence that would warrant interference with the conviction.

Petitioner’s Arguments:

The appellant argued:


Respondent’s Arguments:

The State argued:


Analysis of the Law:

The Court analyzed:


Precedent Analysis:

While specific cases cited by the appellant were deemed irrelevant to the present case, the Court followed established principles from Supreme Court jurisprudence:

  1. Circumstantial evidence can form the basis for conviction if it forms a complete chain excluding all hypotheses except the guilt of the accused.
  2. Disclosure statements under Section 27 leading to recovery are admissible and can be relied upon.
  3. DNA evidence is a crucial piece of evidence in sexual offence cases.

These principles guided the Court to affirm the conviction.


Court’s Reasoning:

The Court found:


Conclusion:

The Tripura High Court dismissed the appeal, affirming the conviction and sentences imposed by the trial court on the appellant for rape and murder.
It concluded:

“We find no reason to interfere with the observation made by the learned Court below and thus, the same is affirmed.”

All pending applications were disposed of, and the records were directed to be returned to the lower court.


Implications:

  1. Reinforces the use of DNA evidence as crucial proof in rape and murder cases.
  2. Affirms the legal position that circumstantial evidence can sustain convictions if forming a complete chain.
  3. Sends a strong message against sexual offences and murder, upholding stringent punishment for heinous crimes against women.
  4. Clarifies that procedural challenges or FIR inconsistencies cannot override strong scientific and circumstantial evidence.

Brief Note on Cases Referred:

The judgment mentions that the appellant relied on certain Supreme Court decisions, but the Court found these irrelevant to the case’s facts. Instead, the Court applied settled principles of law regarding:

FAQs:

1. Can a conviction for rape and murder be based solely on circumstantial evidence and DNA evidence?
Yes, if the circumstantial evidence forms a complete chain pointing to guilt and is supported by DNA evidence, a conviction can be sustained even without eyewitnesses.

2. Is a disclosure leading to the recovery of incriminating articles admissible in court?
Yes, under Section 27 of the Evidence Act, statements made in police custody that lead to the discovery of facts are admissible and can be relied upon.

3. Does a delay in naming the accused in the FIR affect the prosecution’s case?
Not necessarily. If there is consistent evidence linking the accused to the crime, delay in naming the accused in the FIR does not weaken the prosecution’s case.

Also Read: Delhi High Court Grants Anticipatory Bail in ₹2.7 Crore Share Transfer Fraud Case Filed by Wife Against Husband Amid Marital Discord: “Mere Non-Production of Document Does Not Amount to Non-Cooperation; Custodial Interrogation Unwarranted in Document- Based Allegations”

Exit mobile version