VidhiSangh

Supreme Court of India · 17/12/2024

SAMBHUBHAI RAISANGBHAI PADHIYAR versus STATE OF GUJARAT

[2024] 12 S.C.R. 1072

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court upheld the conviction of the appellant for kidnapping, aggravated penetrative sexual assault and murder of a four-year-old boy on circumstantial evidence, but commuted the death sentence to 25 years' rigorous imprisonment without remission, holding that the case did not fall in the rarest of rare category since reformation was not ruled out.

Issues

  1. Whether the circumstantial evidence (last seen, presence near the scene, injuries on the accused, conduct in pointing out the victim's clothes, blood-group match) formed a complete chain establishing guilt.
  2. Whether the failure to conduct a DNA test was fatal to the prosecution.
  3. Whether the presumptions under Sections 29 and 30 of the POCSO Act were attracted and rebutted.
  4. Whether the death sentence should be confirmed or a fixed term without remission imposed.

Provisions considered

Held

Result

Appeals partly allowed; convictions under Sections 302, 364 and 377 IPC and Sections 4 and 6 of the POCSO Act maintained; death sentence substituted with 25 years' rigorous imprisonment without remission, other sentences to run concurrently; fines set aside. Connected SLP against denial of parole dismissed with liberty to pursue remedies in law.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 1072.