LAWS(SC)-1991-4-24

JAHARLALDAS Vs. STATE OF ORISSA

Decided On April 12, 1991
JAHARLALDAS Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This is a case of death sentence. The fact that such a sentence is awarded even in the year 1990 would immediately suggest that the offence involved should be of a grave nature. Yes, the offence is not only grave but heinous and inhuman.

(3.) A girl aged five years was a victim of rape and thereafter murder. The sole appellant before us was tried, convicted and sentenced to death by the Sessions Court and confirmed by the High Court. It is a case depending entirely on circumstantial evidence, and the obvious contention is that the' circumstantial evidence is wholly insufficient to bring home the guilt to the accused.