Kashinath Mondal Vs. State of West Bengal
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Head Note
Indian Penal Code,1860 - Section 376 , Section 302
Rape, incest and murder - Case based on circumstantial evidence - Accused convicted - Appeal against conviction - Deceased, an unmarried girl, was found lying in a naked condition on floor in her room - Hymen was ruptured - Appellant's room situated adjacent to said room - Appellants wife had gone to her parents' house - At the relevant time, deceased and appellant were the only occupants of the first floor, and exit doors of house were locked from inside - It was not possible for anyone to enter or leave house unlocking the gate - Complainant PW 1 father of deceased victim disclosed that his relations with appellant were strained on account of property dispute - House was locked from inside - Commission of rape established by medical evidence - Held, concurrent findings recorded by courts below on minute examination of evidence, that it is appellant who was responsible for rape and murder of deceased, are confirmed - Fact that accused did not rum away from scene of offence does not establish his innocence - If appellant had run away, that would have, in fact, weakened his case and strengthened prosecution case - Decision to remain at spot appears to be a calculated - Lastly, mother of accused had deposed against him - Conviction of accused confirmed.
Indian Penal Code,1860 - Section 376 , Section 302
Rape, incest and murder - Criminal trial - Defective investigation - Remissness and inefficiency of the Investigating Agency should be no ground to acquit a person if there is enough evidence on record to establish his guilt beyond reasonable doubt.
Topic(s)-Defective Investigation
Important Decision(s)- Fact that accused did not rum away from scene of offence does not establish his innocence.