Criminal appeal nos. 1488-1489 of 2018
Supreme Court of India
BENCH: Hon’ble R.F. Nariman J., Hon’ble R.S. Reddy J., Hon’ble Surya Kant J.
DATE OF JUDGEMENT: 3 October 2019
RELEVANT SECTIONS:
- Section 302 of IPC (Punishment for murder)
- Section 376 of IPC (Punishment for rape)
- Section 377 of IPC (Unnatural offences)
- Section 363 of IPC (Punishment for kidnapping)
BACK HISTORY
On March 3, 2012, at about 5:00 PM, the two-year-old girl child of Iliyas Mohinuddin gone missing. He comes to Know from Azhar that one person naming Ravi had been spotted drunk and was distributing chocolates to the small children in their area. Her father lodged a missing report in the nearby police station and also passed suspicious information about Ravi. Thus the police and her father reached directly to the house of Ravi and broke open the lock of his door. They found the naked body of a child victim laid under the bed. The blood was oozing out from multiple injuries on her body and her private parts. She was immediately covered inside a blanket and moved to the hospital but the doctor declared her brought dead. The charge sheet was filed against accused under sections 363, 376, 302 and 377 of IPC but the accused didi not plead guilty and claimed trial.
POSTMORTEM REPORT
A team of doctors involving Dr. Survase and Dr. Bedarkar conducted the postmortem examination of the deceased. They concluded the cause of death was asphyxia due to throttling and the nature of external and internal injuries was ante-mortem. The doctors opined that the deceased child was subjected to vaginal and anal intercourse and concluded the act of rape as unnatural sex.
FORENSIC REPORT
Shrikant Lade conducted the DNA tests and generated DNA profiles by DNA extracted from the blood sample of accused, and superficial vaginal, deep vaginal, nasal, oral and anal swab of deceased. According to the DNA examination reports, it was clear that there were sexual intercourse and anal intercourse on the child victim by the accused Ravi.
JUDGEMENT
Court framed charges against the accused Ravi for committing offences punishable under sections 302, 376, 377 and 363 of IPC which included the hideous crime of unnatural sexual act of rape over a child victim. The Supreme Court commuted the death sentence imposed over the accused Ravi by the high court to the life imprisonment till his natural death without any remission.