Dhananjoy Chaterjee vs State Of W.

B on 11 January, 1994

A
CASE STUDY REPORT ON

“RAREST OF RARE CASES”

Dhananjoy chaterjee
Vs
The State of West Bengal

SUBMITTED TO: - SUBMITTED BY: -

PROF. SHASHWAT RAJ HARSHITA KUSHWAH
ISBR, BENGALURU PGDM22077

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Dhananjoy Chaterjee vs State Of W.B on 11 January, 1994

CONTENTS
SR.NO. TOPIC PG.NO.

1 NAME OF THE CASE 3

2 JUDGE NAME 3

3 DATE OF THE CASE 3

4 INTRODUCTION 4

5 FACTS ABOUT THE CASE 4

6 ISSUES IN THE CASE 5

7 ARGUMENTS 6

8 CASE SUMMARY 9

9 JUDGEMENT/DECISION 10

10 CONCLUSION 11

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Dhananjoy Chaterjee vs State Of W.B on 11 January, 1994

Dhananjoy Chaterjee Vs
The State of West Bengal

Supreme Court of India

Citation: 1994 SCC (2) 220: 1994 SCR (1) 37

Bench: Anand, A.S. (J) Singh N.P. (J)

Theme: The question of law revolves around the admissibility of circumstantial evidences in

the absence of absolute evidences.

Subject: Indian Evidence Act, 1872 and Indian Penal code,1860

Judgement: India

BETWEEN:
DHANANJOY CHATERJEE

AND:
STATE OF W.B.

JUDGE NAME :
BENCH: ANAND, A.S. (J)
BENCH: ANAND, A.S. (J) SINGH N.P. (J)

DATE OF JUDGMENT : 11/01/1994

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Dhananjoy Chaterjee vs State Of W.B on 11 January, 1994

INTRODUCTION

The present case is one of the historic cases which deal with the wide parameters of Capital
Punishment in India. There is no denying the fact that it was in this very case where the
convict was the first of all to be hanged and lawfully executed in India for a crime as rape in
this 21st century.

Dhananjoy Chatterjee was a security guard who was convicted for the rape and murder of an
18-year-old schoolgirl. He was charged under the criminal sections of rape and murder of
Hetal Parekh.

His name had gone around the walls of the Indian Judicial System for years and the death
sentence became a controversial topic and encouraged public discussions. The case was
termed as a ‘rarest of rare’ case and capital punishment was issued against Dhananjoy
Chatterjee. The execution by hanging of Dhananjoy, took place in the Alipore Central
Correctional Home, Kolkata, on 14 August 2014.  He was hanged 14 years after his
conviction and his last words were “I am innocent”.

FACTS ABOUT THE CASE

1. Hetal Parekh, a young 18 years old school-going girl was raped and murdered in her
flat No. 3-A, on the third floor of ‘Anand Apartment’.
2. The appellant, Dhananjoy was one of the security guards deputed to guard the
building Anand Apartment’ by M/s. Security and Investigating Bureau of which Mr.
Shyam Karmakar was the proprietor.
3. On 2nd March, 1990, Hetal (deceased) complained to her mother Yashmoti Parekh
that the appellant had been teasing her on her way to and back from the school and
had proposed to her on that day to accompany him to cinema hall to watch a movie. 
4. At the asking of Shyam Karmakar, who came to meet Nagardas in his flat in that
connection, he gave a written complaint also and the appellant was transferred and a
transfer order posting the appellant at ‘Paras Apartment’ was issued by Shyam.
5. Bijoy Thapa, a security guard at Paras Apartment was posted in his place, at Anand
Apartment. The transfer was to take effect from March 5, 1990.
6. As per their normal routine, Nagardas Parekh and his son Bhawesh Parekh, father and
brother of the deceased respectively, left for their place of business and college in the
morning on March 5, 1990.

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Dhananjoy Chaterjee vs State Of W.B on 11 January, 1994

7.  Bhawesh returned to the flat at about 11.30 a.m. and after taking his meals, left for
his father’s place of business as was his routine. The deceased returned to her flat
after taking her examination at about 1 p.m.
8. Yashmoti, the mother of the deceased used to visit Laxmi Narayan Mandir between 5
and 5.30 p.m. daily. As usual, on the date of the occurrence also she left for the
Temple at about 5.20 p.m. 
9. Hetal deceased was all alone in the flat at that time. Shortly after Yashmoti, the
mother of the deceased left for the Temple, the appellant met Dasarath Murmu,
another security guard who was at that time on duty at the building and told him that
he was going to Flat No. 3-A for contacting his office over the telephone. The
appellant used the lift to go to the said flat and committed the alleged crimes.
10. At about 6.05 p.m. Yashmoti returned from the Temple. On reaching her flat, she rang
the bell repeatedly but there was no response and nobody opened the door.
11. She raised alarm which attracted several of her neighbors. They also rang the bell and
knocked at the door but there was no response. Eventually, the lock of the door was
broken open by the neighbors, their servant and the liftman, and as she entered the flat
along with some of her neighbors, she found the door of her bedroom open.
12. Yashmoti found Hetal lying on the floor unconscious. The doctor after examining the
deceased, pronounced her dead. Thereafter her father informed the Bhawanipore
Police Station at about the telephone.
13. On receipt of the telephonic message, sub-inspector Gurupada Som, the acting duty
officer, rushed to the place of occurrence along with some other police personnel and
recorded the FIR on the statement of Yashmoti Parekh, the mother of the deceased
and commenced investigation.
14. The sessions Judge in this case relying upon circumstantial evidence found the
accused guilty and therefore, sentenced him to death. The appeal of Dhananjoy
Chatterjee for proving his innocence was also rejected by the Calcutta High court and
thereafter by the Supreme Court.

ISSUES IN THE CASE

1. Whether the Appellant Was the Assailant Who Had Raped and Murdered the Defenceless
Young Girl?

2. Whether the Appellant Had a Motive to Commit the Alleged Crime?

3. Whether This Case Establishes the Statement of Circumstantial Evidence to Be Admissible

in The Court of Law?

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Dhananjoy Chaterjee vs State Of W.B on 11 January, 1994

ARGUMENTS
ISSUE I

Whether The Appellant Was the Assailant Who Had Raped and Murdered the
Defenceless Young Girl?

PROSECUTION’S ARGUMENTS:

 The Prosecution on the basis of circumstantial evidences argued that the

appellant was the one who raped the deceased.
 The appellant used to follow and tease the deceased every time she used to
come back and go to school
 She had also complained to her parents about this and accordingly, a transfer
order was made of the appellant to Paras apartment.
 Also, he had used the lift for going to the fiat of the deceased which is evident
from the testimony of the guard of the lift. Also, his semen was found inside
the vagina of the deceased. 
 On the place of incident, a cream-coloured button of the appellant’s shirt was
also found which later on after investigation was proved to be that from the
shirt of the appellant.
 Also, the appellant had escaped after this incident and after many raids by the
police, he could not be found and after many months he was arrested from the
house of his uncle where he was hiding behind grass straws.
 Also, his shirt and trouser which he was wearing at the time of the incident
was recovered from the house of appellant. 
  Also, the watch of the deceased which was stolen from her flat at the time of
incident was also recovered from his house.
 The counsels strictly relied upon the evidences which were collected from the
crime scene and also the fact that appellant used to tease the deceased was one
of the main arguments laid down during the proceedings.

APPELLANT’S ARGUMENTS:

 The counsel for the appellant argued that the appellant had gone to cinema
hall just after performing his duty at Anand apartment and after watching the
movie, he had bought some fruits and then rushed to his village for attending
the thread ceremony of his brother and he was not present at the place of
incident when this event took place.

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ISSUE II

Whether The Appellant Had a Motive To Commit The Alleged Crime?

PROSECUTION’S ARGUMENTS:

 The counsel for Prosecution stated that yes, the appellant had motive to
commit the alleged crime as we can see from the evidences that the deceased
was being teased by the appellant when she used to go to or came back from
the school.
 She had brought it to the notice of her mother on a number of occasions, the
latest in the series being on 2.3.1990.
 Yashmoti informed her husband Nagardas about the complaints. From the
testimony of Nagardas, it transpires that after he came to know about the
misbehaviour of the appellant from his wife on 2.3.1990, he called some other
dwellers of the Apartment to apprise them of the same.
 Mahendra Chauhatia and Harish Vakharia have deposed that they had been
called by Nagardas who reported to them that the appellant had been teasing
his daughter and that he had suggested that the appellant should be replaced by
another security guard. 
 The testimony of new security guard has remained totally unchallenged in
cross-examination. 
 After consulting Nagardas the employer of the appellant, to meet him and
according to the statement of Karmakar he came to the flat of Nagardas on
3.3.1990, where he was informed about the teasing of his daughter by the
appellant, deposed that Nagardas told him to replace the appellant by another
security guard and even handed over a written complaint.

APPELLANT’S ARGUMENTS:

 The counsel for the defendant argued that the delay in the seizure of
complaint and the transfer order, on 29.6.1990 were indicative of the fact that
both the documents had come into existence subsequently as an afterthought.

BRIEF ANALYSIS OF CIRCUMSTANTIAL EVIDENCE WITH

REFERENCE TO ISSUE IV:

 According to Indian Evidence Act, 1872, circumstantial evidence is also known

as indirect evidence.
 It relates to a series of facts other than the particular fact sough to be proved
it is the evidence that is drawn not from direct observation of the fact at issue
but from events or circumstances surround it is a proof of a fact which tends
to prove whether something is true or not.

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Dhananjoy Chaterjee vs State Of W.B on 11 January, 1994

 It is usually a theory supported by a significant quantity of corroborating

evidence. This kind of evidence is important because nearly all the criminal
are careful not to generate direct evidence and they try to avoid
demonstrating criminal intent. Therefore to prove men’s rea, the prosecution
resorts to circumstantial evidence.
 The well-known rule governing circumstantial evidence is that each and every
incriminating circumstance must be clearly established by reliable evidence
and the circumstances proved must be from the chain of events from which
the only irresistible conclusion about the guilt of the accused can be safely
drawn and no other hypothesis against the guilt is possible.

JUDGEMENT
DHANANJOY CHATERJEE Vs. STATE OF WEST BENGAL
SUPREME COURT ON ISSUE 1

 All the circumstances referred to above and relied upon by the prosecution have been
conclusively established by the prosecution.
 They are specific and of clinching nature and all of them irresistibly lead to the
conclusion that the appellant alone was guilty of committing rape of Hetal and
subsequently murdering her. 
 All the circumstances which have been conclusively established are consistent only
with the hypothesis of the guilt of the appellant and are totally inconsistent with his
innocence.
 Not only in the cross-examination of various prosecution witnesses, but even during
the arguments, has nothing been pointed out as to why any of the witness for the
prosecution should have falsely implicated the appellant in such a heinous crime.
 The court, therefore, in complete agreement with the trial court and the High Court
that the prosecution has established the guilt of the appellant beyond a reasonable
doubt and the court, therefore, uphold his conviction for the offences under Sections
302, 376 and 380 of IPC.

SUPREME COURT ON ISSUE 2

 The Supreme Court did not find any force in the submission of appellant. Nagardas
who gave a written complaint to Shyam Karmakar and delivered the transfer order to
the appellant were not challenged in the cross-examination about the same.
 Even the investigating officer was not asked for an explanation as to why the
documents had been seized so late.
 In any event the seizure of the documents on 29.6.1990, after the appellant had been
arrested only a couple of weeks earlier would not go to show that the documents were
either fabricated or were an afterthought.

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 His transfer from ‘Anand Apartment’ on the allegation that he had teased the
deceased, therefore, provided sufficient motive for him not only to satisfy his lust and
teach a lesson to the deceased girl for spurning his offer but also as a measure of
retaliation for being reported to his employer and being transferred from Anand
Apartment to Paras Apartment on the basis of the said complaint.
 The transfer of the appellant on grounds of his improper behavior with the deceased
was an aspersion on his character and that appears to have provided him the
immediate motive for committing the crime in retaliation and even may be to remove
the evidence of committing rape on the deceased.
 The court, therefore, is of the opinion that the prosecution has successfully established
the existence of motive on the part of the appellant to commit the crime.

SUPREME COURT ON ISSUE 3

 All the circumstances referred to above and relied upon by the prosecution have been
conclusively established by the prosecution. 
 They arc specific and of clinching nature and all of them irresistibly lead to the
conclusion that the appellant alone was guilty of committing rape of Hetal and
subsequently murdering her.
 All the circumstances which have been conclusively established are consistent only
with the hypothesis of the guilt of the appellant and are totally inconsistent with his
innocence. 
 The witnesses produced by the prosecution have withstood the test of cross-
examination well and their creditworthiness and reliability has not been demolished in
any manner.
 All the circumstances established by the prosecution, as discussed above, are
conclusive in nature and specific in details. 
 They are consistent only with the hypothesis of the guilt of the appellant and totally
inconsistent with his innocence. 
  We are, therefore, in complete agreement with the trial court and the High Court that
the prosecution has established the guilt of the appellant beyond a reasonable doubt
and we, therefore, uphold his conviction for the offences under Sections 302, 376 and
380 IPC.

SUMMARY OF THE CASE

 Dhananjoy was a guard at Anand Apartment, where in one of the flats lived Hetal
Parekh, a young girl in her teens.
 Dhananjoy while working there constantly looked for ways to get close to her, which
the victim did not liked and on one instant even told him off when he proposed to
watch a movie with her.
 The victim complained about the accused to her father and mother and after much
consultation the accused was transferred to the nearby apartment.

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Dhananjoy Chaterjee vs State Of W.B on 11 January, 1994

 Still the accused used to come to the apartment in the name of duty.
 On March 5th 1990 around 5:30 the accused went to the victim’s home when none of
her family members was at home.
 When victim’s mother about half an hour later returned from the temple, where she
used to go daily, and the liftman told her that the accused had gone to her flat.
 The mother got scared of this due to the previous records of the accused.
 Even though she rang the bell repeatedly still there was no response.
 With the help of neighbors, the lock was broken down and the scene there was
horrific.
 The victim was lying on the floor and her skirt and blouse had been pulled off and
there were blood patches around her body clearly indicating that she was raped.
 The victim was declared already dead by the doctor when he was examined later.
F.I.R was filed by the victim’s father against the accused.

JUDGEMENT
The Judgment of the Court was delivered by DR ANAND, J

The trial court sentenced him with death penalty which was confirmed by the high
court under Section 302 of IPC for the offence of murder. Dismissing the appeal sent
before it, the Supreme Court stated that the case comes under the ambit of ‘rarest of
the rare’ and there could be no penalty enough other than the capital punishment for
the accused as he brutally raped and murdered a young school going helpless teen
girl.

DECISION

Hetal Parekh a young 18-year-old school-going- girl was raped and murdered on March 5,
1990 between 5.30 and 5.45 p.m. in her Flat No. 3-A, on the third floor of 'Anand
Apartment'.
The appellant was challenged and tried for rape and murder and also for an offence under
Section 380 IPC for committing theft of a wrist-watch from the said flat.
The learned Additional Sessions Judge found him guilty and convicted the appellant
(i) for an offence under Section 302 IPC and sentenced him to death,
(ii) for an offence under Section 376 IPC and sentenced him to imprisonment for life, and
(ii) for the offence under Section 380 IPC, he was sentenced to undergo rigorous
imprisonment for five years.
The substantive sentences under Sections 376 and 380 IPC were ordered to run
concurrently but were to cease to have any effect, in case the sentence of death for

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Dhananjoy Chaterjee vs State Of W.B on 11 January, 1994

conviction of the appellant under Section 302 IPC was confirmed by the High Court
and the appellant was executed.
Reference for confirmation of the death sentence was accordingly made to the High
Court. The appellant also preferred an appeal against his conviction and sentence in
the High Court.
The criminal appeal filed by the appellant was dismissed and the sentence of death
was confirmed by the High Court. On special leave being granted, the appellant,
Dhananjoy Chatterjee Dhana, has filed this appeal.

CONCLUSION

The Court had failed to establish the guilt of Dhananjoy beyond reasonable doubt and passed
the judgement on circumstantial evidence. Several important pieces of evidence, including
those of DNA evidence, were left unexamined by the Court.

Before the crime was committed, the father of the victim had spoken ill about Dhananjoy on
multiple occasions to the neighbours without giving any reasons. The Court failed to consider
the possibility of another angle to the case.

What is to be noted is that if the Court had considered all the evidence properly, there could
be a chance that Dhananjoy would have been declared innocent.

The principle of the Indian judiciary that even if 100 criminals go free, one innocent person
should not suffer should take precedence in such cases. The importance of collecting and
examining evidence properly is one of the main learnings that can be taken from this case.
Also, the delay in calling the police could have led to some of the evidence being tampered
with.

Thus, to conclude, one may never know whether or not Dhananjoy committed the crime. But
what one can say without any doubt is that proper procedure was not followed during his
trial.

It is very important that even in the most heinous crimes, the accused gets a chance to
represent himself in a fair manner and the Courts apply their judicial minds to probe the
crime to its finest details before coming to a conclusion.

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