High Court Upholds Life Sentence in Child Rape and Murder, Finds Circumstantial Chain Complete

A Division Bench of Justices Ilesh J. Vora and R. T. Vachhani heard the criminal appeal by Mukeshbhai Gorchandbhai Chamka against his conviction and sentence under Sections 376 and 302 IPC arising out of Sessions Case No.108 of 2013, challenging the Sessions Judge, Dahod’s judgment dated 14.03.2014. The appellant contested findings on identity, age of the victim, medical and forensic links, and the completeness of the circumstantial chain relied upon by the prosecution.

The High Court dismissed the appeal and upheld the conviction and concurrent life sentences imposed for rape and murder. The Court found the testimony of last-seen witnesses, the postmortem findings and the forensic reports “clear, consistent, and fully reliable,” and held that the prosecution had proved guilt beyond reasonable doubt. The Court, in its reasoning, observed: “In a case of circumstantial evidence, the chain is required to be completed as mandated under the law so as to indicate the guilt of the accused while discarding any other reasonable hypothesis consistent with innocence. In the present case, the circumstances—last seen together, motive arising from lustful intent, recovery of articles, medical and forensic support, and the appellant’s conduct after the offence—form a strong and complete chain.” The Bench further recorded that the case did not attract death penalty as it did not fall within the “rarest of rare” category and affirmed the order of life imprisonment with appropriate set-off for undertrial custody.

Background

The dispute arose from events on the night of 08.04.2013 after a village “Vana Ceremony” in Uchvania, Dahod district. A girl aged about 13 years went to the ceremony and was last seen at about 12:30 a.m. when the appellant, a neighbour, allegedly took her outside. The body was found the next morning in a nearby field with ante-mortem injuries, genital trauma and signs of asphyxia. The father lodged FIR I.C.R. No.79/2013 and the police registered offences under Sections 376 and 302 IPC.

At trial the prosecution examined medical, forensic and eyewitness evidence including the Medical Officer (PW‑1) who stated that he found a “2nd degree perineal tear, the hymen was torn, there was blood and semen inside the vagina” and gave the cause of death as “asphyxia due to smothering, made worse because sexual assault was happening at the same time.” The Forensic Science Laboratory officer (PW‑5) reported blood spots and signs of struggle at identified spots and opined that “the scene appeared to be the place where rape might have been committed.” Last-seen witnesses (PWs‑2 and 3) testified that they observed the accused catching the victim’s hand and taking her away at midnight. Recovery and discovery panchnamas and FSL reports linked blood and semen traces to the victim and supported the prosecution narrative.

The defence challenged identity, the minor’s exact age, alleged contradictions in witness statements and the completeness of forensic linkage, contending that investigation was faulty and that the injuries could be accidental. The Sessions Court had convicted and sentenced the appellant to life imprisonment for both offences to run concurrently. On appeal the High Court re‑examined the evidence, applied settled principles on circumstantial cases (including reliance on Sharad Birdhichand Sarda and subsequent authorities), and held that each link in the circumstantial chain was established and that no other reasonable hypothesis explained the totality of evidence. The Court therefore dismissed the appeal and ordered remittance of records to the trial court. No interim directions or liberties were granted.

Case Details: Case No.: R/CR.A/1157/2014 Case Title: Mukeshbhai Gorchandbhai Chamka Versus State of Gujarat Appearances: For the Petitioner(s): Mr. Gajendra P. Baghel, Advocate; Mr. Shambhukumar, Advocate For the Respondent(s): Mr. Ronak Raval, APP