Ramnaresh Vs. State of Chhattisgarh
|
Head Note
Indian Penal Code,1860 - Section 376 , The Indian Evidence Act, 1872 - Section 134
Section 134 of Evidence Act does not provide for any particular number of witnesses and it would be permissible for the Court to record and sustain a conviction on the evidence of a solitary eye-witness if evidence tendered by such a witness is credible, reliable, in tune with the case of the prosecution and inspires implicit confidence.
Indian Penal Code,1860 - Section 376 (2) , Section 302
Alibi - Gang rape and murder - Statement of eyewitness that offence was committed by accused persons - Accused denied their presence on the spot, at the time of occurrence - Thus, it was for them to prove that they were not present at the place of occurrence and were entitled to plea of alibi with the accused miserably failed.
Indian Penal Code,1860 - Section 376 (2) , Section 302
Gang rape - Rarest of rare case - Death sentence commuted to life imprisonment - Accused who was brother-in-law of victim committed gang rape alongwith his friends - Deceased had two infants - Accused did not care for the future of infants - High Court awarded death sentence - Commuted the sentence to life imprisonment (21 years) on following grounds - (i) All the accused were of young age at the time of commission of the crime, i.e. 21 to 31 years of age. (ii) Evidence showed that accused held no intention to kill the deceased - Medical evidence indicated that accused persons gagged the mouth of deceased with a piece of cloth while committing rape - There was possibility that death of deceased occurred co-accidently. (iii) No evidence on record to show accused are criminals or are incapable of being reformed even if given a chance to improve themselves. (iv) The accused committed a heinous and inhumane crime for satisfaction of their lust, but it cannot be held with certainty that this case falls in the 'rarest of rare' cases.
The Code of Criminal Procedure, 1973 - Section 313
Statement made by accused under Section 313 Criminal Procedure Code - If the statement supports the case of prosecution it can be used against accused for rendering conviction.
Topic(s)-
Important Decision(s)-
- Evidence showed that accused held no intention to kill the deceased - Evidence indicated that accused persons gagged the mouth of deceased with a piece of cloth while committing rape - There was possibility that death of deceased occurred co-accidently.
- No evidence on record to show accused are criminals if given a chance to improve themselves.