Sanjay Bhagat and Lala Miya's life sentences for kidnapping, rape, and murder of an 8-year-old girl affirmed; reliance on 'last seen theory' pivotal in judgment
In a significant judgment, the Patna High Court has upheld the conviction and life sentences of Sanjay Bhagat and Lala Miya for the brutal kidnapping, rape, and murder of an 8-year-old girl, Renu Kumari, in Bihar. The division bench, comprising Mr. Bibek Chaudhuri and Mr. Ansul, delivered the judgment on 4th February 2026, dismissing the appeals filed by the appellants.
The case, originating from Ahiyarpur P.S. Case No. 99 of 2017, involved the tragic demise of a young girl from a Mahadalit family. The incident occurred on the night of 14th February 2017, when the accused forcibly entered the informant’s house and abducted his daughter. Her lifeless body was discovered the following day in a litchi field, prompting an FIR by her father, Ashok Ram.
The prosecution relied heavily on circumstantial evidence and the 'last seen theory' to secure the conviction. Witnesses, including neighbors and family members, testified seeing the accused with the victim shortly before her death. The timeline between her abduction and the discovery of her body was crucial, with the court emphasizing the small time gap as pivotal in ruling out the involvement of any other individuals.
The court applied Section 106 of the Indian Evidence Act, highlighting the reverse burden of proof in situations where the accused were last seen with the deceased. Despite pointed queries during the trial, the accused failed to offer a plausible explanation regarding the circumstances leading to the victim’s death, thereby strengthening the prosecution's case.
The judgment also referenced several Supreme Court precedents, underscoring the importance of the last seen theory in criminal jurisprudence and the duty of the accused to provide explanations in cases resting on circumstantial evidence.
The defense’s attempts to introduce motives related to business disputes were deemed insufficient, as no substantial evidence or cross-examination supported these claims. Furthermore, the post-mortem report confirmed the cause of death as asphyxia due to strangulation, corroborating the prosecution's allegations of rape and murder.
The High Court’s decision reinforces the judicial emphasis on protecting vulnerable sections of society and ensuring justice in cases involving heinous crimes against minors. The judgment serves as a stark reminder of the legal responsibilities placed on accused individuals in criminal cases, especially under the doctrine of last seen.
As per the trial court’s directions, the fines imposed on the accused are to be paid to the informant, ensuring some form of restitution to the victim’s family.
Bottom line:-
Last seen theory, reverse burden of proof under Section 106 of the Indian Evidence Act, and the duty of the accused to provide an explanation regarding the death of the deceased emphasized in cases where the prosecution proves the accused was last seen with the deceased.
Statutory provision(s): Section 376(A)/34 IPC, Section 302/34 IPC, Section 3(1)(w) of the SC/ST (POA) Act, Section 106 of the Indian Evidence Act, Section 313 of the Code of Criminal Procedure
Sanjay Bhagat v. State of Bihar, (Patna)(DB) : Law Finder Doc id # 2893922
