1994 (1) TMI 274 - SC - Indian Laws

Summary

Issues Involved:
1. Motive
2. Evidence relating to the appellant's visit to Flat 3-A
3. Recovery of a cream color button and chain from Flat 3-A and the appellant's shirt and pant from his house
4. Absconding
5. Recovery of the wristwatch from the house of the appellant

Summary:

1. Motive:
The court found ample evidence that the appellant had a motive to commit the crime. The deceased had been teased by the appellant, which led to her parents complaining to the appellant's employer, resulting in his transfer. This transfer provided the appellant with a motive to retaliate against the deceased by committing rape and murder.

2. Evidence relating to the appellant's visit to Flat 3-A:
The court established that the appellant went to Flat 3-A on the day of the crime. Despite his transfer order, the appellant was seen going to the flat under the pretext of making a phone call. Witnesses testified to his presence at the flat during the critical time, and his behavior upon leaving the flat was suspicious.

3. Recovery of a cream color button and chain from Flat 3-A and the appellant's shirt and pant from his house:
The court found that a cream-colored button and a chain recovered from the crime scene matched the appellant's shirt and a chain given to him by a witness. The shirt and pants were recovered from the appellant's house pursuant to a disclosure statement made by him u/s 27 of the Evidence Act. The forensic examination confirmed that the button found at the crime scene matched the buttons on the appellant's shirt.

4. Absconding:
The appellant's absconding after the crime was considered a significant circumstance. Despite searches, the appellant was not found until two months later. His plea of alibi was not supported by any evidence and was deemed an afterthought.

5. Recovery of the wristwatch from the house of the appellant:
The appellant led to the recovery of a wristwatch stolen from the crime scene, which belonged to the deceased's mother. The recovery was corroborated by witnesses and the sales records of the watch company. The absence of any explanation for the possession of the stolen watch further implicated the appellant.

Conclusion:
The court concluded that all the circumstances, when taken together, conclusively established the appellant's guilt. The appellant was found guilty of offenses u/s 302, 376, and 380 IPC. The death sentence for the offense u/s 302 IPC was confirmed, considering the heinous nature of the crime, and the sentences for offenses u/s 376 and 380 IPC were also upheld. The appeal was dismissed.