2014 rape-murder of techie in Mumbai: SC rejects CCTV footage, witness testimonies relied upon by lower courts

The unfortunate had returned to Mumbai aft a abrogation successful her hometown connected January 5, 2014, by an aboriginal greeting bid to Lokmanya Tilak Terminus (LTT) railway station.

The constabulary had claimed that Sanap, who was past 29, had offered to driblet her and connected the way, took her to a secluded country on a road and past raped and killed her by smothering her and past burned her assemblage with petrol, to destruct evidence.

On October 30, 2015, the sessions tribunal had recovered Sanap blameworthy of charges including murder, kidnapping, rape, robbery and sentenced to death. The tribunal had said that it was taking into relationship that Sanap had not acted spur of the infinitesimal but that it was a lawsuit of pre-planned murder.

The Bombay High Court connected December 20, 2018 confirmed the decease penalty, stating that the unfortunate was “done to decease by the accused for nary responsibility of her own, but for a crushed that she is simply a woman”.

What did the courts accidental astir the grounds successful the case?

The Supreme Court, Bombay HC and sessions tribunal each concluded that the dormant assemblage recovered successful a decomposed and burnt authorities connected the Eastern Express Highway connected January 16, 2014, was that of the 23-year-old victim, based connected recognition by her begetter and DNA test.

All 3 courts relied connected the sentiment of the doc who had conducted the post-mortem and concluded that the unfortunate had died owed to a caput wounded and smothering.

The sentiment connected different evidence, however, differed.

CCTV footage

One of the important grounds relied connected by the constabulary was the CCTV footage from the railway presumption astir 5.30am, connected January 5, 2014.

The constabulary had claimed that according to the CCTV footage, a pistillate tin beryllium seen holding a telephone to her ear, and 1 idiosyncratic pulling her trolley bag.

The victim’s begetter had identified her from the footage and different witnesses had identified Sanap to beryllium the idiosyncratic pulling her trolley bag.
While the sessions tribunal and precocious tribunal some relied connected the CCTV footage stating that the method process was followed, the SC said that it cannot beryllium relied upon astatine each arsenic the constabulary did not get a certificate nether the Indian Evidence Act to beryllium the physics evidence.

The precocious tribunal had called the CCTV footage the “axis of the full concatenation of circumstances”. The SC, however, said that the grounds showed that the records successful the servers were deleted aft a period but the constabulary had claimed to person retrieved the CCTV footage aft a month, which was not explained.

Witnesses who ‘saw’ unfortunate and accused together

The sessions tribunal had besides relied connected the grounds of a pre-paid taxi booth supervisor and an in-charge of the “pay-and-park” facility, who had claimed to person seen the accused and the unfortunate together.

The “pay-and-park” installation witnesser had said that helium remembered the accused arsenic helium had an statement with him implicit the parking charges. The sessions tribunal said that this corroborates the CCTV.

However, the apex tribunal said that they were not reliable arsenic their statements were recorded aft implicit 2 months and it was “unnatural” for either of them to retrieve the accused based connected a brief, accidental encounter.

It said that they had besides fixed ‘identical elaborate descriptions’ of Sanap’s tallness and clothes, which was surprising.

Extra-judicial confession

The sessions tribunal had besides mostly relied connected an extra-judicial confession by 1 of Sanap’s acquaintance, whose motorcycle helium had borrowed to prime up the unfortunate connected the time of the incident.

The idiosyncratic had deposed that Sanap had taken him to the spot of the crime, arsenic helium had utilized up the petrol successful the motorcycle to destruct evidence, and the conveyance could not beryllium driven back. The Supreme Court said that determination was nary corroboration to this evidence.

It besides said that constabulary had claimed that a horoscope was recovered successful the backmost pouch of Sanap during his apprehension and helium had visited a idiosyncratic to execute puja, saying that helium had committed a misdeed against a woman.

The sessions tribunal said that the constabulary would not fabricate specified evidence. The Supreme Court said that it was discarding the grounds arsenic it had thing to bash with the committee of the crime.

Recovery of victim’s belongings

The constabulary besides said that aft Sanap’s apprehension helium had led them to the betterment of victim’s belongings. The constabulary claimed that Sanap had fixed distant the container of the unfortunate to a beggar successful Nashik and the victim’s individuality paper was recovered successful his sister’s room.

The sessions tribunal considered the betterment made astatine the behest of the accused.

The SC, however, said that the beggar was threatened with apprehension and made to motion a papers portion it said that it was intriguing wherefore the accused’s sister volition sphere an individuality paper 2 months aft the incident.