Review petition (Crl.) No. 379 of 2011
Supreme Court of India
BENCH: Hon’ble Chelameshwar J.
DATE OF JUDGEMENT: 14 February 2019
RELEVANT SECTIONS:
- Section 366 of IPC (Kidnapping, abducting or inducing woman to compel her marriage, etc.)
- Section 376 of IPC (Punishment for rape)
- section 302 of IPC (Punishment for murder)
- Section 201 of IPC (Causing disappearance of evidence of the offence, or giving false information to screen offender)
BACK STORY
On 28th September 2004, the men were working as a mason and engaged for the plasterwork at the residence of the girl child of about 8 years. He gave her some money to bring betel from the shop and kidnapped her from that shop. Her family members started to search her as she did not return home. Maya Devi, resident of the same village saw the accused going to the south with the girl child, who seated on the carrier of his bicycle. As per her information, family members caught the accused but enquiry he showed ignorance about the girl. After that, he was handed over the police officer of the nearby police station. During the investigation, accused confessed his guilt and also disclosed the place where he had raped and killed the girl child. As per his statement, the body of the girl was recovered from a field. Her nails were munched and the other body had marks of bruises with the brutal injuries on the private parts.
POSTMORTEM REPORT
The postmortem examination of the deceased girl was conducted by Dr. Prafulla Das. According to the postmortem report, the cause of death was asphyxia and haemorrhage due to strangulation. The report also showed the presence of various brutal vaginal injuries with blood clots and injuries on the face, nails and body of the deceased girl child. Immediate microscopic examination of vaginal swabs concluded the presence of few intact spermatozoa. Dr. Das also opined that there was a recent commission of forceful sexual intercourse with the victim.
JUDGEMENT
The court framed charges against accused Md. Mannan @ Abdul Mannan for committing an offence punishable under sections 366, 376, 302 and 201 of IPC which include a hideous crime of rape and murder of the girl child victim of only 8 years committed on 28th February 2004.
The death sentence awarded to the accused was commuted to life imprisonment, till his natural death.