Criminal appeal no. 1523-1524 of 2019
Supreme Court of India
BENCH: Hon’ble R.F. Nariman, Hon’ble R.S. Reddy, Hon’ble S. Kant
DATE OF JUDGEMENT: 3 October 2019
RELEVANT SECTIONS:
- Section 363 of IPC (Punishment for kidnapping)
- 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 HISTORY
On 22 May 2015, P. Kaurav filed a missing report of his 13-year-old granddaughter. The police took him to the spot where the salwar and the chappal of the unknown child were recovered and those were identified by him. After more search of the area, they found the seminude body of the girl victim in suspine position inside a dry well. The dead body was taken out of the well and that was also identified by P. Kaurav. The decomposing dead body of the girl was sent for the medical & postmortem examination and salwar & chappal were sent to the FSL for DNA test.
The blood samples of various suspects were collected and sent to the FSL for DNA analysis. The FSL stated that DNA extracted from one of the suspects naming Ravishankar matched with that on vaginal smear and salvar of the deceased. The police immediately arrested the accused Ravishankar.
POSTMORTEM REPORT
Dr. Jaiswal conducted the postmortem examination of the deceased. According to the postmortem report, the deceased was died due to throttling and the ante-mortem injuries were due to dragging and struggling of the victim before death. The time since death was estimated as about 48-72 hours. The report indicated the act of sexual intercourse with the victim. The vaginal smear slides, salwar and fibre chappal of the deceased were sent to the Medico-legal institute.
FORENSIC REPORT
The DNA test or examination of the blood samples taken from about six suspects, the vaginal smear slides and salwar were done by Dr. P. Shrivastava. The DNA test report stated that the DNA profile of the sample from accused Ravishankar was matched with the DNA profile of sperm recovered from vaginal slides and salwar of the deceased.
JUDGEMENT
Court framed charges against accused Ravishankar for committing an offence under sections 363, 366, 376(2)(i), 376(2)(n), 376(2)(j), 376(2)(m), 376A, 302 and 201 of IPC which include a crime of kidnapping, rape and murder of the minor victim. The accused Ravishankar was sentenced to imprisonment for life until his natural death.