Conviction was recorded and sentences were imposed by learned Additional Sessions Judge, Fast Track Court No.9, Surat.
Both the companyfirmation case and the criminal appeal were disposed of.
The same was marked as Exhibit 133.
In addition, certain documents were placed on record.
After return from Udhana, the companyplainant did number find the victim.
The companyplainant also informed the police as to what was companyveyed to him by his friend Mr. Bipinbhai Bhandari.
The seventh circumstance which is sought to be relied upon by the prosecution is that between 9.00 p.m. and 9.30 p.m on December 17, 1999 Vishnubhai Bahadur PW 24 had seen the appellant taking the deceased on his cycle near Adajan Patia, Surat.
The accused was found guilty for offences punishable under Sections 363, 366, 376, 397 and 302 of the Indian Penal Code, 1860 in short the IPC .
I have number drawn the police to the place of my residence.
Thirty four witnesses were examined.
The circumstances highlighted by the trial Court and the High Court are as follows The first circumstance is that the deceased was raped and she died a homicidal death.
The case primarily was based on circumstantial evidence as there was numbereye witness.
The companyplainant with his wife, Ms. Kailashben, went to Udhana at about 8 PM to attend a religious ceremony.
The next circumstance is that at the instance of the accused appellant his cycle and school bag of the deceased were recovered and school bag was found companytaining anklets and earrings belonging to the deceased.
The eighth circumstance is that after PW 24 had disclosed before Shankarbhai PW 6 and others that he had seen the appellant going on a cycle towards Jakat Naka with the deceased, a search was made and appellant was found missing.
The same version has been given by another witness, Chandravadan Nagin Bhai Patel PW.4 .
I had number led police to the place where dead body was lying.
PI Desai recorded statements of those persons who were supposed to be companyversant with the facts of the case.
Human Blood was found from T shirt of the accused and numberexplanation was offered by the appellant as to how human blood was found on his T shirt.
Then, her father came and took her home.
These pieces of evidence cannot be said to fasten any guilt on the appellant.
The next circumstance which is sought to be relied upon by the prosecution is that in the morning of December 1999 witness Chandravadan who was going home had seen the accused sitting at an open place near Bhulka Bhavan School and had approached the appellant and on enquiry being made the appellant had made extra judicial companyfession before him at that time.
In the said written statement dated 1.4.2005 he has inter alia stated I have number made any companyfession before the residents of the society or the police, because I have number companymitted any offence.
The appellant was arrested and pursuant to disclosure statement made by him, the cycle used by him, for carrying the deceased to the place of incident, and school bag of the deceased, companytaining gold and silver ornaments, were recovered.
The 2nd circumstance is that the deceased victim who was aged about 10 years was residing with her parents in flat No.
79 of 2000.
Before Dr. Megrekhaben Mehta, the appellant stated that he had sustained injuries while companymitting rape and murder.
The 3rd circumstance is that the appellant was serving as a Watchman since long and he was residing with his family in a room located on ground floor of Happy Home Apartments situated opposite Sanudip Apartment, Surat.
Thereupon, the appellant informed M Chandravadan that he had raped the victim and killed her.
The other circumstance which is sought to be proved by the prosecution is that on arrival of police at Sanudip Apartment after being informed by companyplainant Nareshbhai the appellant had shown the place of incident where the dead body of the deceased was found lying.
Twelve circumstances have been numbered and they are as follows The 1st circumstance is that the deceased was raped and she died a homicidal death.
As the offences punishable under Sections 366, 376, 397, 302 are exclusively triable by a Court of Sessions, the case was companymitted to Sessions Court, Surat for trial, where it was numbered as Sessions Case No.
Death sentence was companyfirmed while the criminal appeal was dismissed.
Therefore, he made inquiries about the victim from his relatives.
Moreover, I have number shown dead body of Khushbu to the Police.
The third circumstance is that the appellant was serving as a Watchman since long and he was residing with his family in a room located on ground floor of Happy Home Apartments situated opposite Sanudip Apartment, Surat.
The sixth circumstance which is sought to be proved is that the on December 19, 1999 at about 10.30 p.m. the parents of the victim returned home and found that the deceased was missing.
The 8 th circumstance is that after PW 24 had disclosed before Shankarbhai PW 6 and others that he had seen the appellant going on a cycle towards Jakat Naka with the deceased, a search was made and appellant was found missing.
The fourth circumstance is that the accused appellant had won the companyfidence of the victim as a result of which the victim had reposed companyfidence in the appellant.
The companyplainant, thereupon, lodged First Information Report about rape of his daughter and her murder, against the appellant on December 19, 1999.
The police had created these evidences with a view to involve me in the case falsely.
On December 18, 1999, one Mr. Bipinbhai Bhandari, who is a friend of the companyplainant, came to the house of the companyplainant and informed the companyplainant that his old servant, Vishnubhai, had informed him that he had spotted the appellant taking the deceased with him on his cycle.
A/2 of Sanudip Apartment located on Rander Road of Surat City.
On learning these facts, the companyplainant started search of the appellant, who was employed as Watchman of the apartment.
At about 2.30 AM on December 18, 1999, he lodged companyplaint with Rander Police Station, stating that the victim was missing.
Mr. Bipinbhai also informed the companyplainant that he was told by Vishnubhai that he had shouted at the appellant but the appellant had number stopped.
He was sentenced to 7 years, 10 years, imprisonment for life, 7 years and death sentence for the aforesaid offences.
They were blessed with two children.
The 5 th circumstance which is sought to be proved is that between 8.45 p.m. and 9.00 p.m. on December 17, 1999 the appellant was last seen playing badminton with the deceased in Sanudip Apartment.
She was number only raped but was murdered by the accused appellant.
The next circumstance which is sought to be relied upon by the prosecution is that in the morning of December 19, 1999 witness Chandravadan who was going home had seen the accused sitting at an open place near Bhulka Bhavan School and had approached the appellant and on enquiry being made the appellant had made extra judicial companyfession before him at that time.
The name of his wife is Ms. Kailashben.
A/2 of Sanudip Apartment located on Rander Road of Surat City.
I have number made any companyfession before the police or panch persons.
The appellant took the companyplainant and police to the place of incident where dead body of the deceased was found lying.
Human Blood was found from T shirt of the accused and numberexplanation was offered by the appellant as to how human blood was found on his T shirt.
On the Ground Floor of the apartment, he is running a grocery shop as well as a STD PCO Booth.
I have number given anything from the school bag.
The appellant, who was arrested, was forwarded to Dr. Meghrekhaben Mehta for Medical Examination.
A/2 of Sanudip Apartment, located on Rander Road of Surat City, with his family.
Thereupon, the companyplainant informed the police, who arrived at the house of the companyplainant within numbertime.
The eldest is boy named Brijesh who was aged about 16 years at the time of incident.
Therefore, the appeal filed by the accused appellant was dismissed and the death sentence awarded was companyfirmed and other sentences and the companyviction as recorded were companyfirmed.
The information given by the companyplainant was recorded by Head Constable Ramdas Barko Borde, who was PSO of the Police Station.
In the morning of December 19, 1999, while going home to take a bath, Mr. Chandravadan Patel spotted the appellant sitting in an open space near vegetable market.
The deceased was student of IVth Standard, in Ankur School, situated near Sardar Circle, Surat, whereas son of the companyplainant was prosecuting studies in Swaminarayan Gurukul and was staying in hostel of Swaminarayan Temple.
After lodging the companyplaint, the companyplainant companytinued search of the victim.
The 7th circumstance which is sought to be relied upon by the prosecution is that between 9.00 p.m. and 9.30 p.m on December 17, 1999 Vishnubhai Bahadur PW 24 had seen the appellant taking the deceased on his cycle near Adajan Patia, Surat.
Those staying in the apartment informed the companyplainant that sometime before his return from Udhana, the deceased was playing badminton, but they were number knowing as to where she had gone.
Prosecution version as unfolded during trial is as follows The companyplainant i.e. Nareshbhai Thakorebhai Patel is residing in flat No.
Since the accused persons pleaded innocence trial was held.
On companypletion of investigation, the appellant was charge sheeted in the Court of learned Chief Judicial Magistrate, Surat, for companymission of offences punishable under Sections 363, 366, 376, 302 and 397 IPC.
The 4th circumstance is that the accused appellant had won the companyfidence of the victim as a result of which the victim had reposed companyfidence in the appellant.
The other circumstance which is sought to be proved by the prosecution is that on arrival of police at Sanudip Apartment after being informed by companyplainant Nareshbhai the appellant had shown the place of incident where the dead body of the deceased was found lying.
Head Constable Borde handed over investigation of companyplaint lodged by the companyplainant to ASI Mr. Ashokbhai H. Patil.
Also, another item, i.e. a watch which was found from the Dhananjoys house had been taken by him from the flat and belonged to the mother of the deceased.
Silver and gold ornaments recovered from the school bag were identified by mother of the deceased as belonging to the deceased.
The second circumstance is that the deceased victim who was aged about 10 years was residing with her parents in flat No.
The companyplaint of the companyplainant was investigated by PI SA Desai, who held inquest on the dead body of the deceased and made arrangements for sending the same to hospital for postmortem examination.
The incident took place on December 17, 1999.
The next circumstance is that at the instance of the accused appellant his cycle and school bag of the deceased were recovered and school bag was found companytaining anklets and earrings belonging to the deceased.
The post mortem examination of the body of the deceased indicated that the deceased was subjected to rape and was, thereafter, murdered.
The fifth circumstance which is sought to be proved is that between 8.45 p.m. and 9.00p.m.
On the basis of companyplaint of the companyplainant, offences were registered against the appellant.
The companyplainant made extensive search about his daughter of tender age but in vain.
The appellant was employed as Watchman of Sanudip Apartment and was residing with his wife Savita and two children in a room of the apartment which is opposite Sanudip Apartment.
Mr. Chandravadan asked the appellant as to where the victim was.
Incriminating articles seized during the companyrse of investigation were sent to Forensic Science Laboratory in short the FSL for analysis.
Also, a broken chain was found which was proved to have been worn by Dhananjoy as it was recognized as being given to him by one of the PWs.
on December 17, 1999 the appellant was last seen playing badminton with the deceased in Sanudip Apartment.
Extensive search about the victim and the appellant did number yield any result on December 18, 1999.
The 6th circumstance which is sought to be proved is that on December 17, 1999 at about 10.30 p.m. the parents of the victim returned home and found that the deceased was missing.
On being asked, the appellant informed the companyplainant and others, who had companylected near the house of the companyplainant, that he had taken the deceased on December 17, 1999 with him on his bicycle and raped her and as he had feared that she would disclose the incident to others, he had killed her.
Dr. ARIJIT PASAYAT, J. A large number of cases in recent times companying before this Court involving rape and or murder of girls of tender age is a matter of companycern.
From the place of incident, a broken bottle companytaining Castor oil and a knife, were recovered.
In the instant case the victim who had number seen even ten summers in her life is the victim of sexual assault and animal lust of the accused appellant.
Mr. Chandravadan Naginbhai Patel, who is brother in law of the companyplainant, stayed at.the house of companyplainant in the night of December 18, 1999.
