Criminal Appeal no- 62 of 2014
Supreme court of India
BENCH: Hon’ble Mr Uday Umesh Lalit, Hon’ble Mr Vineet Saran
DATE OF JUDGEMENT: 18th Dec 2019
RELEVANT SECTIONS:
- Section 302 IPC (Punishment for murder)
- Section 366 IPC (Punishment for kidnapping or abducting including woman)
- Section 363 IPC (Punishment for kidnapping)
- Section 376(2)f IPC (commit rape on a woman when she is under the age of twelve years)
- Section 377 IPC (Punishment for the unnatural sexual act)
BACK STORY
A 9-year-old girl went missing since 6 pm on 30th Jan 2013, after which her father Ramlal launched a missing report (FIR no 38) at Chaigaon Makhan police station, Khandwa. The body of the victim girl was later found in an open field on 1st Feb 2013. The accused Anokhilal was arrested on 4th Feb 2013 and was charged under section 302, 366, 363, 376(2)f, 377 and POCSO act.
Thirteen witnesses were presented in the court, who identified and confirmed the presence of accused in the victim’s company on the day of the crime. Since the accuse was close to the victim’s family, the victim trusted the accuse and did not object going with him. The accused had then taken advantage of the victim’s trust and abused her. The FSL DNA report clearly shows that the victim was brutally raped and carnal sex throttled her to death, after which her body was dumped on an open field in grievous condition.
FORENSIC REPORT
The victim’s body was sent for a postmortem on 1st Feb 2013 to the government hospital, where all the evidence from victims body including a hair found in her hands, her clothes and vaginal swabs were sent to FSL for examination. The blood sample and clothes of the accused were also sent to FSL for examination and comparison purpose. The postmortem report showed multiple injuries on the victim body, with ruptured private parts indicating rape and death by throttling. The FSL DNA fingerprint unit report stated that the hair found in the victim’s hand and the skin found in her nails belong to the accused. The semen strains present on the victim’s clothes were that of the accused. The blood found on accused undergarments belonged to the victim.
JUDGEMENT
The trial court followed by the high court consider this case to be rare of rarest and had awarded death sentence to the culprit and had to pay compensation to the victim’s family. He further appealed at the Supreme court, where his sentence was reduced. The accused Anokhilal was awarded rigorous life imprisonment under section 302, 363, 376(2)f, 366 and 377 of IPC along with POCSO act.