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In the Supreme Court of India IN THE SUPREME COURT OF INDIA Criminal Appeal No. 584 of 1992 Decided On: 11.01.1994 Appellants: Dhananjoy Chatterjee Vs. Respondent: State of W.B. Dhananjoy Chatterjee 1994 Summary CIRCUMSTANTIAL EVIDENCE - It is well settled that where the prosecution relies on cicumstantial evidence and if that circumstances do not fully establish to reach a conclusion consistent only with the hypothesis of the guilt of the accused, conviction cannot be imposed -- The circumstances should be legally established and not merely indignition of the court which can form the basis of conviction. In a case of rape and murder of a school going girl by the appellant, a security guard, the motive, discoveries and other evidence establishing the chin of the circumstances leading to guilt of the accused and therefore, the conviction of death sentence affirmed. In the instant case, ihe young girl of 18 years was raped and murdered by the appellant who is a security guard. The appellant was one of the security guards to guard the building Anand Apartments. On the dale of occurrence in the evening when mother of ihe victim reached her house and rang the bell repeatedly and there was no reply and consequently the lock was broken open and found that the deceased was lying on the floor, her skirt and blouse had been pulled up and her private parts and breats were visible and there were patches of blood near her head as well on the floor as well as on her hand and vagina. The doctor after examining her, found her dead. The appellant was not traceable and neither reported to his duty. Certain buttons and wrist watch was recovered and the appellant was arrested. According to medical evidence, the hymen of the deceased showed fresh tear and there were blood stains on the vagina and pubic hair were meted and there was fracture and dislocation of hyoid bone on its greater cornu of the left side and death was due to strangulation. It clearly shows that the deceased was subjected to rape before her murder. The motive, constant tearing of the deceased by the accused, evidence relating to visit of the appellant to the flat and recovery of cream colour button and chain from the flat, shin and pant of the appellant and absconding of the accused after the incident as well as recovery of wrist watch are such circumstance forming a complete chain leading to the guilt of the accused. The conviction of the accused therefore, confirmed and looking to the discarded and monstrous and heinous act of the appellant, sentence of death imposed, confirmed. Criminal Procedure Code, 1974 - Section 235(2) and 354(3)--Imposition of sentence- -Factors on which the measure of punishment depends, must be taken into consideration including right of the victim and society--However, abscondance of the accused by itself is no circumstance which may lead to the only conclusion about the guilt of the accused however, it would be certainly a circumstance warranting careful scrutiny. The substantive sentences under Sections 376 and 380 IPC were ordered to run concurrently. All the circumstances relied upon were conclusively established regarding rape and murder of the victim. They were specific and clinching and ail of them led to the conclusion that the appellant was guilty of rape and murder. The trial court awarded death sentence which was confirmed by the High Court--It was alleged that appellant was a married man of 27 years and there were no special reason to award the sentence of death on him. It was submitted that keeping in view of the policy under Section 235(2) read with Section 354(3), the Court may make choice of not imposing extreme penally of death. The sorded episode of the security guard, whose sacred duty was to ensure protection and welfare of the inhabitants of the flat, should have subjected the deceased, a resident of one of the flats to gratify his lust and murder her in retaliation for his transfer on her compartment, makes the crime even more heinous. The offence was not only imhuman and barbaric but it was a totally ruthless crime of rape followed by cold blooded murder and an affront to the human dignity of the society, bringing the case into the category of 'rare of rarest' cases and therefore, imposition of the extreme penalty of capital punishment upheld. MOTIVE - Rape and murder of school going girl by a security guard in retaliation for his transfer on the complaint of the deceased girl--Such motive of revengeful intention behind the offence coupled with other evidence conclusively establishing the crime on the part of the appellant--In the circumstances held that the case fell in the category of rarest of rare cases and, therefore, capital punishment imposed and confirmed. The appellant was security guard deputed to guard the building 'Anand Apartments'. Deceased had made complaint about the teasing by the appellant to her mother previously also and her father requested PW--21 to replace the appellant and accordingly he was transferred to Paras apartment. Anguished from this, the appellant entered the house in the absence of other members, committed rape and killed her. She was found dead on the floor with her skirt and blouse pulled up and her private parts and breast were visible with patches of blood near her head and floor. According to medical evidence, hymen of the deceased showed fresh tear with fresh blood in the margins and blood stains on the vagina and matted public hair. It is settled law that when the case is based on circumstantial evidence, the motive also gets importance. In the circumstances the chain of the evidence was so complete that it led to the guilt of the accused. The High Court rightly upheld the conviction and sentence of death. PENAL CODE OF INDIA, 1860 - Sections 302, 376 and 380--The case based on circumstantial evidence, the circumstances under which the conclusion of guilt is to be drawn have not to be fully established -Though it is not necessary for an accused to render an explanation to prove his innocence and even if he renders a false explanation it cannot be used to support the prosecution--The rape and murder was committed on a school going girl by the security guard in retaliation for his transfer on the complaint by the deceased girl and having anguish for the same--The guilt of the accused therefore, stood proved and death sentence affirmed. According to the prosecution the apellant was security guard of 'Anand Apartment' wherein the victim family was living. The victim had complained about the appellant having teasing her on her way to and back from the school and consequently her father got him transferred to 'Paras Apartment' when the family members were out the appellant entered the house, committed rape and killed her. She was found lying on the floor, her skirt and blouse were pulled up and her private parts and breast were visible and there were patches of blood on her hands and vagina. According to medical evidence her hymen was torn with bleeding. Cream colour button and chain were recovered belonging to the appellant. In these circumstances the conviction and sentence upheld. Hon'ble Judges: A.S. Anand and N.P. Singh, JJ. Counsels: For Appellant/Petitioner/Plaintiff: A.K. Ganguli, Senior Adv., S.C. Ghosh and A.D. Sikri, Advs. For Respondents/Defendant: D.N. Mukherjee, Dilip Kumar Sinha and J.R. Das, Advs. Acts/Rules/Orders: Indian Penal Code, 1860 - Sections 53, 302, 376 and 380; Evidence Act, 1872 - Sections 11, 25, 26, 27 and 106; Criminal Procedure Code (CrPC), 1973 - Sections 154, 162, 313 and 354(3) Cases Referred: Bachan Singh v. State of Punjab, (1980) 2 SCC 684, 1980 SCC (Cri) 580, 1980 Cri LJ 636 Prior History: From the Judgment and Order dated August 7, 1992 of the Calcutta High Court in Death Reference No. 3 of 1991 JUDGMENT Anand, J. 1. Hetal Parekh a young 18 year old school-going girl was raped and murdered on March 5, 1990 between 5.30 and 5.45 p.m. in her Flat No, 3-A, on the third floor of Anand Apartment'. The appellant was chailaned and tried for rape and murder and also for an offence under Section 380 IPC for committing theft of a wrist-watch from the said flat. The learned Additional Sessions Judge found him guilty and convicted the appellant (i) for an offence under Section 302 IPC and sentenced him to death, (ii) for an offence under Section 376 IPC and sentenced him to imprisonment for life, and (iii) for the offence under Section 380 IPC, he was sentenced to undergo rigorous imprisonment for five years. The substantive sentences under Sections 376 and 380 IPC were ordered to run concurrently but were to cease to have any effect, in case the sentence of death for conviction of the appellant under Section 302 IPC was confirmed by the High Court and the appellant was executed. Reference for confirmation of the death sentence was accordingly made to the High Court. The appellant also preferred an appeal against his conviction and sentence in the High Court. The criminal appeal filed by the appellant was dismissed and the sentence of death was confirmed by the High Court. On special leave being granted, the appellant, Dhananjoy Chatterjee @ Dhana, has filed this appeal. 2. According to the prosecution case, the appellant Dhananjoy was one of the security guards deputed to guard the building 'Anand Apartment' by M/s Security and Investigating Bureau of which Mr Shyam Karmakar PW 21 was the proprietor.
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