Man convicted of raping,killing 11-year-old niece in Pune

Dismissing his appeal,a division bench of justices V K Tahilramani and P D Kode said,“Going through the record,we are of the opinion that there is enough evidence to link the appellant with the crime.”

HC relied on the testimony of the girl’s sister who saw Chapte taking her away.

It also noted that at the time of arrest,clothes of the accused were stained with blood and a subsequent chemical analysis found semen on his clothes.

Defence lawyer B W Jakhade contended that the magistrate who recorded confessional statement of the accused should have been examined as a witness. She claimed his confession was not voluntary.

Rejecting the argument,HC said the magistrate had made the accused aware he was not under the control of police at the time of recording his statement. It also took into account the fact that the magistrate had ensured police were not present at the time.

“Supreme Court has held that section 80 of Evidence Act makes examination of magistrates to prove confessions recorded by them unnecessary,” the bench said.