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A division bench of Justice Joymala Bagchi and Justice Suvra Ghosh of the Calcutta HC observed that death penalty must only be invoked when the convict had no chances of reforming. The court held that in cases where after mitigation there was a slight glimmer of hope for the reformation of character, the court would not employ death penalty. It must be noted that in the pronunciation of death penalty, the Court does it with a heavy heart and recourses to it only when no chances of rehabilitation is available.
The prosecution case is based on circumstantial evidence and the facts state
(a) In the evening of 26.2.2013 the victim left her residence along with the appellant in a bicycle in order to go to the market;
(b) Prosecution witnesses saw the appellant along with a girl in a bicycle proceeding towards the tea garden;
(c) On the next day at 9.30/10 a.m. dead body of the victim in half naked condition was discovered with a rope tied round her neck was found in section II of Mathura tea garden;
(d) P.W 20, post mortem doctor opined that the victim had died due to strangulation which was ante mortem and homicidal in nature. He also opined that she had been raped prior to death;
(e) P.W. 22, the then Assistant Teacher of Kamakhyaguri High School produced school admission register and certificate confirmed that the victim was 13 years of age at the time of incident;
(f) Appellant made a confessional statement to P.W 23 Investigating Officer and stated that he could take him to the place where he had thrown the panty of the deceased (Ext 16). Pursuant to such leading statement of the appellant, panty of the deceased was recovered from the tea bush at a distance of 50 ft. from the place where her body was recovered in presence of the independent witnesses, P.W.s 7 and 8.
The HC stated that “I have considered the aforesaid submissions on behalf of the appellant. It is true there is some delay in recovering the panty of the deceased from the site of a nalla (waterway) amongst the tea bushes. However, recovery was witnessed by independent persons namely, P.W. 7 and P.W. 8. Although some suggestion was made with regard to political hostility between them and the appellant but nothing supporting such plea has come on record. On the other hand, there is ample evidence that the place of recovery of the panty was an isolated place by the side of a nalla amongst tea bushes which was not frequented by people. Hence, recovery of the wearing apparel of the victim from a deserted place 50 ft. away from the body of the victim on the showing of the appellant cannot be doubted on the ground of delay as the possibility of any other person visiting the said isolated spot in the meantime was highly unlikely till it was pointed out by the appellant in presence of independent witnesses, P.W. 7 and P.W. 8. Hence, I am of the opinion that the aforesaid circumstance has also been proved against the appellant beyond doubt.”
The HC also referred to the case Viran Gyanlal Rajput Vs. The State of Maharashtra, (2019) 2 SCC 311 where the apex court believed that the convicted was young and had ample chance of reformation and hence death penalty was not granted. The HC also took into consideration the report of the Correctional Home where he had sociable and good conduct and was known as a supportive person.
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