CRA-D-1120-DB of 2009, CRR- 716 0f 2010
Punjab- Haryana High Court
BENCH: Hon’ble Rajiv Sharma J., Hon’ble H.S. Sidhu J.
DATE OF JUDGEMENT: 17 March 2020
RELEVANT SECTIONS:
- Section 376 of IPC (Punishment for rape)
- Section 302 of IPC (Punishment for murder)
- Section 201 of IPC (Causing disappearance of evidence of offence, or giving false information to screen offender)
BACK HISTORY
On 21 December 2008, Balinder Singh filed a missing complaint of his girl of 6 years age in the police station. Next day morning, while searching the girl, Balinder Singh found her dead body in MITC drain near fields. The body of the victim was naked from the lower half with the injuries on the left cheek and a crate of plastic, a plastic bag, a blue coloured Loi were led near it. Accused was present inside the tube well and he confronted him that he had done a mistake and committed the murder of the victim after committing a rape upon her. Also, he had consumed some pesticide which was still in his hand. After that he was run away.
When the police reached to the accused, he scared and disclosed all the events in front of them. Accused was arrested and admitted in hospital as he had drunk a poisonous pesticide. The charges framed against him under section 302, 376 and 201 of IPC.
POSTMORTEM REPORT
The postmortem examination of the deceased was conducted by Dr. S. Sharma. According to the report, the cause of death of the deceased was asphyxia due to throttling and the injuries found on the body were ante-mortem in nature. The injuries were sufficient to cause death in the ordinary course of life. He also opined that though the hymen was intact, there was a possibility of sexual assault with the victim.
FORENSIC REPORT
The DNA test was conducted in FSL, Madhuban using the technique of autosomal STR analysis. The DNA report stated that the DNA profile of seminal stains on Loi (blanket) was biologically related to the DNA profile of the accused.
JUDGEMENT
Court framed charges against accused Jitender Sethi for committing offences punishable under sections 302, 376, 201 of IPC which included crime of rape and murder of the victim. Thus, the court upheld the conviction against the accused and sentence of imprisonment for life with the fine.
The current case did not fall under rarest of the rare case thus, the Revision Petition filed by complainant Balinder Singh for the imposition of the death penalty upon accused was dismissed by the court.