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Sunday, 6 November 2016

Prosecution need not prove motive every time: High Court

While confirming the life sentence awarded to a man who brutally killed a physically handicapped person, packed his body in a plastic bag, and threw it near Gorewada Ring Road, the Nagpur bench of Bombay High Court ruled that prosecution was not bound to prove motive of crime every time to secure conviction. It noted that if chain of circumstances sufficiently proved an accused's guilt, there was no need to establish motive.

"Motive is one of the circumstances in prosecution case based on circumstantial evidence. An accused may not exhibit his motive to anybody prior to the commission of an offence. It is not possible that every time the prosecution will have evidence to show that accused was having any motive to commit an offence," a bench of Justice Bhushan Gavai and Justice Vinay Deshpande held.

The ruling came on a plea by Paramjit Singh Kake, who contended that the prosecution had failed to show there existed any motive and there was not sufficient evidence to prove it. "Every time the prosecution is not obliged to establish motive or its adequacy in commission of an offence. It is enough if some motive is established that indicates it would be the accused who is interested in doing the crime. Non-payment of rent and gold ornaments, which were ultimately found in petitioner's possession, could be treated as motive for commission of offence," the judges said before rejecting the petition.

The deceased, also known as Goldie, was suffering from post-polio paralysis and used to drive a scooter with additional wheels. A resident of Lashkaribagh, his family had rented out their old flat to Kake, who failed to pay the rent for long. The deceased had a habit of stopping by in the same area to meet with friends. On August 23, 2011, the deceased didn't return home and a search by relatives was in vain. Next day, the police received information that a blue bag containing something was found in area between Gorewada Ring Road and Katol Naka Chowk. Police found deceased's body in it tied up with lace.

After that, a search was conducted at Kake's house. Several bloodstained clothes were discovered from his home and chemical analysis confirmed that those matched with Goldie. Kake was arrested and he confessed to killing Goldie during interrogation. His confessions led to recovery of deceased's vehicle along with weapon and also about 16 tolas gold ornaments that Goldie used to wear.

Nagpur Sessions court sentenced Kake to life imprisonment, which he challenged it in the high court that upheld the verdict while noting down 32 circumstantial evidences to nail his role in the killing of the handicapped man.

(With inputs from Sakina Dawood)

Source : TOI , 4th Nov 2016 

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