Supreme Court of India

Prakash Nishad @ Kewat Zinak Nishad v. State of Maharashtra

Neutral citation

Bench B.R. Gavai, Vikram Nath and Sanjay Karol JJ.

Decided 19 May 2023

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the above, the appeals are allowed. Ex-consequenti, the judgment dated 27.11.2014 in Sessions Case No.407/2010, passed by District Judge-2 and Additional Sessions Judge, Thane as affirmed by the High Court vide judgment dated 13th & 14th October, 2015 in Confirmation Case No.4/2014 titled as State of Maharashtra v. Prakash Nishad @ Kewat Zinak Nishad and Criminal Appeal No.88/2015 titled as Prakash Nishad @ Kewat Zinak Nishad Vs. State of Maharashtra, respectively, convicting the appellant under Sections 302, 376, 377 and 201 IPC and sentencing him to death and life imprisonment and other punishments described above, are quashed and set aside. The appellant be set at liberty forthwith, if not required in any other case.

Judgment, 81-82

From the headnote

Evidence – Case of circumstantial evidence – Six year old child was sexually assaulted, killed and thrown her into a 'nala' – Appellant was arrested on the basis of suspicion – Charged for having committed offences punishable u/s.376, 377, 302 and 201, IPC –Concurrently convicted, death sentence imposed for the charge u/s.302 and sentenced for other offences – Correctness of – Held: There were yawning gaps in the chain of circumstances rendering it far from being established, pointing to the guilt of the appellant – Several irregularities and illegalities on the part of the agencies examining the case – Charges levied on the appellant not proved – Orders of the courts below set aside – Penal Code, 1860 – ss.376, 377, 302 and 201 – Code of Criminal Procedure, 1973 – s.53A – Criminal Law.

Authorities it was built on

1984 Sharad Birdhi Chand Sarda v. State of Maharashtra cited by 137
2018 Rajendra Pralhadrao Wasnik v. State of Maharashtra cited by 12
2011 Krishan Kumar Malik v. State of Haryana cited by 8
2019 Shailendra Rajdev Pasvan and Others v. State of Gujarat Etc. cited by 4
2023 Indrajit Das v. The State of Tripura cited by 2

Where later benches applied it

2025 Dashwanth v. State of Tamil Nadu relied on
2025 Kattavellai @ Devakar v. State of Tamilnadu referred to
2025 Abdul Nassar v. State of Kerala & Anr. referred to
2023 Manjunath & Ors. v. State of Karnataka mentioned
2023 Munna Pandey v. State of Bihar mentioned

Of those, 1 relied on · 2 referred to · 2 mentioned

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