New Delhi: Observing that no woman would implicate her son in a ghastly crime, the Supreme Court has upheld the life sentence awarded to a man from West Bengal for raping and murdering his neighbour's daughter after his mother deposed against him.
A bench of justices S S Nijjar and Ranjana Prakash Desai rejected the argument of the convict that since there was no eye witnesses and the prosecution relied entirely on circumstantial evidence, his conviction was not sustainable.
"It is true that there is no eye-witness to the offence. But, what persuades us to agree with the courts below is the fact that PW-18 Sagarika, the mother of the appellant, has deposed against him. "No mother would ever falsely involve her son in such a ghastly crime," Justice Ranjana writing the judgement observed.
According to the prosecution, convict Kashinath Mondal had raped and murdered Pampa on the night of October 30, 1997, when her parents were fast asleep in the state's Hooghly district. The convict had some domestic and property disputes with the family of Tarak Chandra Mondal, father of the deceased.
The Sessions Court awarded life sentence to Kashinath and the Calcutta High Court upheld the sentence upon which he appealed in the apex court.
The apex court said that since there was no other inmate present in the house except the parents of the deceased and the accused, the circumstantial and other evidence gave irresistible conclusion that it was Kashinath who committed the heinous offence.