Criminal appeal nos. 1174-1175 of 2019
Review Petition (Crl.) nos. 446-447 of 2019
Supreme Court of India
BENCH: Hon’ble R.F. Nariman, Hon’ble S. Khanna, Hon’ble S. Kant
DATE OF JUDGEMENT: 7 November 2019
RELEVANT SECTIONS:
- Section 364A of IPC (Kidnapping for ransom, etc.)
- Section 302 of IPC (Punishment of murder)
- Section 376 of IPC (Punishment for rape)
- Section 201 of IPC (Causing disappearance of evidence of the offence, or giving false information to screen offender)
- Section 120B of IPC (Punishment for criminal conspiracy)
- Section 34 of IPC (Acts done by several persons in furtherance of common intention)
BACK HISTORY
On the morning of October 29, 2010, two school-going siblings, a girl aged about 10 years and her brother aged about 7 years were picked up near temple by accused Mohanakrishnan in his vehicle. This scenario was noticed by the priest of the temple. The accused Manoharkrishanan drove to the house of accused Manoharan and picked up him along with them. Both accused taken away the children to a remote area. They tied the hands of a girl child and brutally raped over her. After that, they bought the poisonous substance which is added to cow dung to keep away insects, called cow dung powder and mixed it with milk. That milk was ingested to both children but they didn’t die. Then they threw the children into a canal. In the next two days, dead bodies of both the siblings were recovered from the canal and both accused were arrested by the police. The confession of accused no.2 was recorded in front of Magistrate.
On 9 November 2010, accused Manoharkrishnan was shot dead by the police in an encounter. Accused Manoharan was charged under the section 120B, 364A, 376, 302, 34 and 201 of IPC.
POSTMORTEM REPORT
Dr. Jayasingh conducted the postmortem examination over the body of both minor victims. The postmortem report of girl child showed the ante-mortem injuries on the vagina and inner edge of the uterus with intact hymen and anus was slightly wider. The postmortem report of the boy showed the ante-mortem injuries on his head, neck, and right arm. The cause of death was found to be due to drowning.
FORENSIC REPORT
The medical examination and potency test of accused Manoharan conducted by Dr. Jayasingh. The medical report indicated him potent and signs of injuries around his private parts. The blood and saliva samples of both accused were sent to FSL for DNA Analysis.
Dr. Laxmi conducted the DNA Analysis of pubic hair which was recovered from the innerwear of the girl victim and samples taken from accused. The report concluded that the pubic hair recovered from innerwear of girl victim was of the accused Manoharan.
JUDGEMENT
Court framed the charges against accused Manoharan for committing a crime punishable under sections 302, 376(2)(f) & (g), 201 of IPC which included a hideous crime of kidnapping, rape and murder of child victim.
The accused Manoharan was sentenced to imprisonment for life i.e. till his natural death without remission.