Supreme Court - Daily Orders
State Of U.P. vs Tasleem . on 4 September, 2014
Bench: V. Gopala Gowda, Adarsh Kumar Goel
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(s). 1526 OF 2011
STATE OF UTTAR PRADESH ... APPELLANT(S)
VERSUS
TASLEEM AND ORS. ...RESPONDENT(S)
O R D E R
This appeal is directed against the common judgment and order passed by the High Court of Judicature at Allahabad in Jail Appeal Nos. 5728 of 2005, 5729 of 2005, 5730 of 2005 and Criminal Appeal No. 5844 of 2005 filed by the accused persons whereby the High Court while upholding their conviction under Sections 376(2)(g) and 302 of the Indian Penal Code (“IPC” for short) converted the sentence of death to that of life imprisonment for the offence committed under Section 302 of the IPC. The present appeal is filed by the State government questioning the correctness of the impugned judgment and order of sentence imposed upon the respondents herein urging various legal Signature Not Verified contentions.
Digitally signed bySushil Kumar Rakheja Date: 2014.09.10 16:08:19 IST Reason:
The prosecution case is that the incident took place on 24.02.2003 at about 7:30 p.m. in a wheat 2 field near the grove of Lakhan Singh in village Sahimapur, Police Station, Husainganj, District Fatehpur. An F.I.R. was lodged on the same day at 11:15 p.m. by Karan Singh P.W.2-father of the deceased victim. Further, the case of the prosecution is that the victims, aged about 13 years and 19 years, had gone to answer the call of the nature on the way leading to Basohani. As soon as they reached near the grove of Lakhan Singh, three accused persons, who were already sitting there, caught hold of both of them and forcibly took them to the nearby wheat field which was resisted by them. One of them struck a danda blow on the head of one of the victims, who fell down in the wheat field. The deceased was gang raped by them. The shrieks of the victims of the felony, emanating from the scene, attracted Karan Singh P.W.2, co-villager Sant Kumar Singh and Ram Bux Singh P.W.3, who had also gone to that direction to ease themselves. They flashed their torches and recognised the three respondents herein who were fleeing towards the side of Dolepur.
The trial court conducted trial and examined as many as ten witnesses to prove the charges against the respondents herein. After the trial, the learned trial 3 Judge on appreciation of evidence of record held that the prosecution case was proved and convicted and sentenced them for the aforesaid offences by imposing death sentence under Section 302 and life imprisonment under Section 376(2)(g) of the IPC. The correctness of the same was questioned before the High Court. The High Court examined the correctness of the judgment of conviction and sentence. The appellate court was satisfied with the finding of fact recorded on the conviction upon the respondents herein holding that the respondents have rightly been held guilty under Sections 376(2)(g) and 302 of the IPC. However, the High Court on examining the material produced before it and on the evidence on record held that the case does not fall in the rarest of the rare case and only life long deprivation of liberty of the respondents would meet the ends of justice. Accordingly, the High Court converted the death sentence under Section 302 of the IPC into life imprisonment while upholding the conviction and sentence imposed under Section 376(2)
(g) of the IPC. The State government is aggrieved of reducing the sentence under Section 302 of the IPC from death sentence to life imprisonment, hence, the present appeal is filed.
4Having heard Mr. R.K. Dash, learned senior counsel appearing on behalf of the appellant and in view of the facts and circumstances of the case, we are of the view that in exercise of appellate jurisdiction reducing the sentence under Section 302 of the IPC from death sentence to life imprisonment holding that it does not fall in the rarest of the rare case is rightly exercised. We do not find any legal and valid ground to interfere with the substituted sentence by the High Court. Therefore, we do not find it a fit case for our interference.
In the result, the appeal is devoid of any merit and it is, accordingly, dismissed.
...........................J. (V. GOPALA GOWDA) ..........................J. (ADARSH KUMAR GOEL) NEW DELHI, SEPTEMBER 4, 2014 5 ITEM NO.105 COURT NO.13 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1526/2011 STATE OF U.P. Appellant(s) VERSUS TASLEEM & ORS. Respondent(s) Date : 04/09/2014 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE V. GOPALA GOWDA HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Appellant(s) Mr. R.K. Dash, Sr. Adv.
Mr. Ardhendumauli Kumar Prasad,Adv.
For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The appeal is dismissed in terms of the signed order.
(S.K. RAKHEJA) (MALA KUMARI SHARMA)
COURT MASTER COURT MASTER
(Signed order is placed on the file)