Criminal appeal nos. 362-363 of 2010
Supreme Court of India
BENCH: Hon’ble K.S. Radhakrishnan J., Hon’ble Madan B. Lokur J.
DATE OF JUDGEMENT: 25 April 2013
RELEVANT SECTIONS:
- Section 363 of IPC (Punishment for kidnapping)
- Section 366-A of IPC (Procuration of minor girl)
- 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)
- Section 34 of IPC (Acts done by several persons in furtherance of common intention)
BACK STORY
A physically handicapped and intellectually challenged minor girl of about 11 years was living with her grandmother. On 21st July 2006, Shankar Khade aged about 52 years and his wife Mala Khade induced her to come with them by offering some sweets. The neighbourhood ladies saw the girl being taken away by both accused and they informed her grandmother and father, but the girl was not traced. At the night, accused Shankar Khade committed the repeated acts of rape on the child where they had stayed. On 23rd July, they took a girl to the house of Ravindra Lavate, who was the father of their son’s friend. At that night, Ravindra heard the cries of girl and found the accused committing rape on her. He asked the accused to leave the place immediately. The accused then took the girl on a bicycle in the field, after committing rape again, he strangulated and murdered her. The owner of the field found the dead body of the minor girl and submitted a report about the incident to the Asegaon police station. Ramesh, maternal uncle of the girl identified the dead body.
POSTMORTEM REPORT
The medical examination of the deceased was conducted by Dr. M.Kewade. The post mortem report indicated the cause of death was asphyxia due to strangulation and also concluded that the deceased girl was subjected to the acts of rape for more than one occasion.
JUDGEMENT
The court framed charges against the prime accused Shankar Kisanrao Khade of committing offences punishable under sections 302, 376, 366-A, 363, 34 of IPC which included a hideous crime of repeated actions of rape followed by the murder of minor girl victim. The second accused Mala Shankar Khade was convicted for the offences punishable under section 363-A and section 34 of IPC.
In 2013, the court commuted the death sentence awarded to the accused Shankar Kisanrao Khade to that of rigorous imprisonment for life and all the sentences awarded to him were run consecutively.