Case: Amrit Singh Vs. State Of Punjab

guilty of commission of the offence beyond any shadow of doubt. The circumstances upon which the High Court relied were considered by this Court to be hazardous to base conviction. 17. In State of Rajasthan v. Smt. Kamla [AIR 1991 SC 967 ], this Court again on the fact situation obtaining therein did not base its judgment of conviction on the circumstantial evidence laid therein. A similar question came up for consideration recently in Sunny Kapoor v. State (U.T. of Chandigarh), [JT 2006 (11) SC 298 ], wherein it was observed: "19. The appellants have been convicted on the basis of circumstantial evidence. It is now well settled by a catena of decisions of this Court that for proving the guilt of commission of an offence under Section 302 IPC, the prosecution must lead evidence to connect all links in the chain so as to clearly point the guilt of the accused alone and nobody else." 18. Post mortem examination was held at 11.00 a.m. on 4th November, 2003. The time of death was said to be within 24 hours. The deceased died of bleeding from her private parts, which indisputably was the result of rape. Exact time as to when the occurrence took place is not known and it would be hazardous to make any guess in this behalf. Deceased died a painful death which would appear from impression of teeth on her lips. She did not have even a developed body; public and axillary hairs not grown and breasts were also not developed. Organs of generation external and internal were that hymen was torn, complete pereneal tear, multiple vaginal laceration, complete vault tear and uterus was infantile. No rigor mortis was noticed. Dead body was found at or before 10.00 p.m. as her body was brought to home at that time. There exists a controversy as to whether Appellant was arrested immediately on 9.11.2003 or 12.11.2003. He was indisputably suspected of commission of the offences. He was either arrested or he fled away from his house. It was true that according to PWs. 2 and 3 he was arrested immediately whereas according to the Investigating Officer, he was found absent from his house and the house was locked. Sending of a telegram to the Chief Justice of the High Court is not in dispute but the Courts below did not lay much stress thereupon as allegations made by the grandfather of Appellant in that behalf were withdrawn at a later stage. Appellant examined two defence witnesses who proved the fact that a telegram was sent but later on an application was filed which was marked as Exhibit DA, from a perusal whereof it appears that the complaint was withdrawn by Makhan Singh, maternal grandfather of the accused. It is, however, interesting to note that it was a former Sarpanch of the village who caused the production of the body of Appellant before the Investigating Officer; if latters statement is to be believed. The place of occurrence also plays some importance. It was on the cotton field of Appellant himself. Height of cotton crop according to the villagers goes upto 6 ft. The cotton crop was in front of the house of Appellant. 19. Mr. Aggarwal has also drawn our attention to a suggestion made to PW-2 that four young boys aged about 10 years were seen in the cotton field from outside areas. If an outsider had committed the crime, she would definitely cried out but Appellant, a neighbour and known to her was a person of trust. She was seen to be holding Appellants finger. It is clear that she was allured by Appellant to accompany him to his own field which was near his house. We, however, do not agree with the contention of the learned counsel for the State that in this case, the provisions of the Identification of Prisoners Act will have any application. The provisions of the said Act may not be ultra vires to the Constitution but it cannot be said to be applicable in a case of this nature. It cannot be said to be an area which is contemplated under the Act. Appellant had a right to give or not to give sample of his hair. He could not have been made a witness against himself against his will.20. Offence of rape took place on an agricultural field. She might have suffered a lot of pain. She might have resisted also. She might have been gagged. Possibilities of some assault on her person cannot be ruled out. It would, however, be improper to hold that he killed her intentionally.21. The opinion of the learned Trial Judge as also the High Court that Appellant being aged about 31 years and not suffering from any disease, was in a dominating position and might have got her mouth gagged cannot be held be irrelevant. Some marks of violence not only on the neck but also on her mouth were found. Submission of Mr. Aggarwal, however, that Appellant might not have an intention to kill the deceased, thus, may have some farce. The death occurred not as a result of strangulation but because of excessive bleeding. Deceased had bleeded half a liter of blood. Dr. Reshamchand Singh, PW-1 did not state that injury on the neck could have contributed to her death. The death occurred, therefore, as a consequence of and not because of any specific overt act on the part of Appellant.22. Imposition of death penalty in a case of this nature, in our opinion, was, thus, improper. Even otherwise, it cannot be said to be a rarest of rare cases. The manner in which the deceased was raped may be brutal but it could have been a momentary lapse on the part of Appellant, seeing a lonely girl at a secluded place. He had no pre-meditation for commission of the offence. The offence may look a heinous, but under no circumstances, it can be said to be a rarest of rare cases.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]19. Mr. Aggarwal has also drawn our attention to a suggestion made to PW-2 that four young boys aged about 10 years were seen in the cotton field from outside areas. If an outsider had committed the crime, she would definitely cried out but Appellant, a neighbour and known to her was a person of trust. She was seen to be holding Appellants finger. It is clear that she was allured by Appellant to accompany him to his own field which was near his house. We, however, do not agree with the contention of the learned counsel for the State that in this case, the provisions of the Identification of Prisoners Act will have any application. The provisions of the said Act may not be ultra vires to the Constitution but it cannot be said to be applicable in a case of this nature. It cannot be said to be an area which is contemplated under the Act. Appellant had a right to give or not to give sample of his hair. He could not have been made a witness against himself against his will.20. Offence of rape took place on an agricultural field. She might have suffered a lot of pain. She might have resisted also. She might have been gagged. Possibilities of some assault on her person cannot be ruled out. It would, however, be improper to hold that he killed her intentionally.21. The opinion of the learned Trial Judge as also the High Court that Appellant being aged about 31 years and not suffering from any disease, was in a dominating position and might have got her mouth gagged cannot be held be irrelevant. Some marks of violence not only on the neck but also on her mouth were found. Submission of Mr. Aggarwal, however, that Appellant might not have an intention to kill the deceased, thus, may have some farce. The death occurred not as a result of strangulation but because of excessive bleeding. Deceased had bleeded half a liter of blood. Dr. Reshamchand Singh, PW-1 did not state that injury on the neck could have contributed to her death. The death occurred, therefore, as a consequence of and not because of any specific overt act on the part of Appellant.22. Imposition of death penalty in a case of this nature, in our opinion, was, thus, improper. Even otherwise, it cannot be said to be a rarest of rare cases. The manner in which the deceased was raped may be brutal but it could have been a momentary lapse on the part of Appellant, seeing a lonely girl at a secluded place. He had no pre-meditation for commission of the offence. The offence may look a heinous, but under no circumstances, it can be said to be a rarest of rare cases.