VidhiSangh

Supreme Court of India · 13/05/2022

VEERENDRA versus STATE OF MADHYA PRADESH

[2022] 4 S.C.R. 225 · 2022 INSC 565

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Summary

The appellant, a 25-year-old rickshaw puller, was convicted of raping and murdering his cousin's 8-year-old daughter at Dabra on 19.09.2014 and sentenced to death under Section 302 IPC, with life imprisonment under Sections 376(2)(i) and 376A IPC and Section 6 of the POCSO Act. The Madhya Pradesh High Court set aside the Section 376A conviction but confirmed the rest and the death sentence. A three-Judge Bench of the Supreme Court upheld the convictions on the circumstantial chain — last seen, emerging from the bada where the body was recovered, human blood on his pants, nail marks and no explanation under Section 313 CrPC — holding that non-conduct of DNA profiling under Section 53A CrPC is a flaw but not fatal, and commuted the death sentence to life imprisonment with 30 years' actual imprisonment without remission, the crime and criminal tests not having been applied below.

Issues

  1. Whether a conviction for the rape and murder of a child resting on circumstantial evidence can be sustained where DNA profiling of the accused's samples contemplated by Section 53A CrPC was not carried out.
  2. Whether the testimony of the deceased's maternal grandfather (PW-2) on last seen and on the recoveries, and of a 'chance witness' (PW-12) who saw the accused coming out of the place of occurrence, is reliable, and whether non-examination of the victim's father as attesting witness is fatal.
  3. Whether human blood on the accused's pants seized from his residence, whose group could not be determined, can be treated as an incriminating circumstance.
  4. Whether the homicidal death of an 8-year-old by throttling amounts to murder under Section 300 IPC or only culpable homicide punishable under Section 304 IPC.
  5. Whether the death sentence satisfies the 'crime test', 'criminal test' and 'rarest of rare' test and the requirement of special reasons under Section 354(3) CrPC, and what substitute sentence is appropriate for the brutal rape and murder of a child by a 25-year-old first offender.

Provisions considered

Held

Result

Appeals partly allowed: the convictions under Sections 302 and 376(2)(i) IPC and Section 6 of the POCSO Act, and the sentences for the latter two offences, upheld; the death sentence under Section 302 IPC commuted to imprisonment for life with the stipulation that the appellant shall not be entitled to premature release or remission before undergoing 30 years' actual imprisonment; fines and default stipulations confirmed; all substantive sentences to run concurrently.

Judgment PDF: Supreme Court of India, [2022] 4 S.C.R. 225.