Rape and Murder — Circumstantial Evidence — “Last Seen” — Confession to Police Witness — Section 27 Evidence Act — DNA Evidence — SC/ST (Prevention of Atrocities) Act — Knowledge of Caste — Sentencing — Life Imprisonment till Remainder of Life

Rape and Murder — Circumstantial Evidence — “Last Seen” — Confession to Police Witness — Section 27 Evidence Act — DNA Evidence — SC/ST (Prevention of Atrocities) Act — Knowledge of Caste — Sentencing — Life Imprisonment till Remainder of Life

1. Circumstantial evidence — Chain must be complete and legally admissible
   Conviction can be sustained where the prosecution establishes a complete chain of circumstances through legally admissible evidence, excluding inadmissible circumstances relied upon by courts below. (Paras 6–12)

2. “Last seen together” — Mere presence in vicinity insufficient
   Mere presence of accused and deceased in the same vicinity, without proof of acquaintance or being together, cannot constitute the “last seen together” circumstance. (Para 6)

3. Confession before police or police-procured witnesses — Inadmissible
   A confession allegedly made before witnesses summoned by police while the accused was in custody is wholly inadmissible and cannot be relied upon. (Para 7)

4. Section 27 Evidence Act — Recovery must be from concealment
   Articles found on the person of the accused at the time of arrest cannot be converted into recoveries under Section 27, as the disclosure must relate to concealment and discovery. (Paras 7–8, 14)

5. DNA and medical evidence — Strong corroborative circumstance
   DNA profiling matching seminal stains with accused, coupled with medical evidence proving rape and homicide, constitutes strong and conclusive incriminating evidence. (Paras 10–12)

6. SC/ST Act — Knowledge of caste is essential ingredient
   In the absence of evidence that the accused knew the caste of the victim, conviction under Sections 3(1)(w)(i) and 3(2)(v) of the SC/ST Act cannot be sustained. (Para 13)

7. Offence under Section 404 IPC — Proof of ownership and recovery essential
   Where neither ownership of stolen property nor lawful recovery is proved, conviction under Section 404 IPC cannot stand. (Para 14)

8. Sentencing — Life imprisonment till remainder of life — Modification
   In the absence of “rarest of rare” circumstances and adverse conduct, sentence of imprisonment for life till the remainder of life may be modified to a fixed term without remission. (Paras 15–16)

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ANALYSIS OF FACTS

1. The deceased, wife of PW-1, went missing on 24.11.2019 and was found murdered the next day in bushes near Ramnaik Thanda (Para 3).

2. The prosecution alleged that A1 to A3 committed gang rape and murder and thereafter removed the victim’s belongings (Para 5).

3. The trial court convicted all accused for offences under Sections 302 & 376D IPC and SC/ST Act, awarding death penalty which was later modified by the High Court (Para 4, 15).

4. The High Court relied, inter alia, on:

   • “Last seen together” theory,

   • Confession to police-procured witnesses, and

   • Recoveries claimed under Section 27 of the Evidence Act (Paras 6–8).

5. Medical and forensic evidence conclusively established rape and homicidal death, including DNA matching with A1 and A2 (Paras 10–12).

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ANALYSIS OF LAW

1. Circumstantial evidence scrutiny
   The Supreme Court rejected inadmissible circumstances relied upon by the High Court but independently assessed admissible evidence to sustain conviction under IPC (Paras 6–12).

2. Limits of “last seen” doctrine
   Absence of proof of companionship or acquaintance negates application of the doctrine (Para 6).

3. Confession and recovery jurisprudence
   Confessions made in police custody and recoveries from the body of the accused do not satisfy Section 27 Evidence Act (Paras 7–8).

4. SC/ST Act — Mens rea requirement
   Knowledge of victim’s caste is mandatory; mere proof of caste is insufficient (Para 13).

5. Sentencing principles
   Life imprisonment till remainder of life requires exceptional circumstances; reformation potential and absence of prior criminal record are relevant mitigating factors (Paras 15–16).

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FINAL RESULT

• Conviction under Sections 302 & 376D read with Section 34 IPC — affirmed, subject to modification of sentence.

• Conviction under Sections 3(1)(w)(i) & 3(2)(v) SC/ST Act — set aside.

• Conviction under Section 404 IPC — set aside.

• Sentence of life imprisonment till remainder of life modified to 25 years’ rigorous imprisonment without remission for A2 under Section 302 IPC; sentence under Section 376D IPC affirmed; both to run concurrently.

• Appeal partly allowed.

• Direction issued for providing legal assistance to non-appealing co-accused. (Paras 16–19)