Criminal appeal no. 180 of 2017
Confirmation case no. 1 of 2017
Bombay High Court
BENCH: Hon’ble S.S. Shinde J., Hon’ble A.M. Dhavale J.
DATE OF JUDGEMENT: 11 January 2018
RELEVANT SECTIONS:
- Section 201 of IPC (Causing disappearance of evidence of the offence, or giving false information to screen offender)
- Section 302 of IPC (Punishment for murder)
- Section 376 of IPC (Punishment for rape)
- Section 377 of IPC (Unnatural offences)
- Section 366 of IPC (Kidnapping, abducting or inducing woman to compel her marriage, etc. )
- Section 363 of IPC (Punishment for kidnapping)
- Section 34 of IPC (Acts done by several persons in furtherance of common intention)
- Section 4 of the POCSO Act (Punishment for penetrative sexual assault)
- Section 5 of the POCSO Act (Aggravated penetrative sexual assault)
- Section 6 of the POCSO Act (Punishment for the aggravated penetrative sexual act)
BACK HISTORY
On the 7 January 2016, a daughter of Sambhaji, aged 4 years was playing in front of their house and her grandmother was seated also seated there. The neighbours of their home, Bhagwat Kshirasagar (18 years) and Rahul Kshiragar (19 years) came there and took her away along with them to brought chocolate for her. But she didn’t return back to home. When Sambhaji came to the home, grandmother told him about all the happened events. Sambhaji reached the police station and filed a missing report of his daughter. The police inspected the house of Bhagwat and they found the dead body of the daughter of Sambhaji which was kept inside the bag of fertilizer. Her mouth was gagged with the stuffing of raw cotton and private parts bleeding due to injuries.
The police recorded the FIR of Sambhaji against accused Bhagwat and Rahul of committing offences under sections 201, 302, 363, 376(2), 377 along with 34 of IPC and sections 3 & 4 of POCSO Act.
POSTMORTEM REPORT
Dr. Gude (PW-10) and Dr. Pathade conducted the postmortem examination of the deceased girl. They opined in the postmortem report that all the injuries on the body including vagina and anus were ante-mortem in nature and caused by the act of sexual intercourse via vagina & unnatural intercourse via anal canal. The cause of death was asphyxia due to gagging.
FORENSIC REPORT
The medical examination of accused Bhagwat and accused Rahul was conducted by Dr. Pathade (PW-11) which indicated the absence of smegma on penises of both the accused and oedema over the glance of the penis of accused no.1.
The forensic examination of biological evidence such as blood samples of accused Bhagwat & accused Rahul, bloodstains & semen stains found over the frok of the victim were conducted in FSL, Aurangabad. According to the forensic reports, the blood group of semen stains found over the frok of deceased girl were same as the blood groups of accused Bhagwat and Rahul which were A and AB respectively.
JUDGEMENT
The request for confirmation of death sentences imposed over both the accused is turned down by the court.
The court converted the conviction against both the accused Bhagwat and accused Rahul which were framed under sections 376 & 34 of IPC and 377 & 34 of IPC into conviction under sections 5(g), 5(i) along with section 6 of POCSO Act. Also, the charges framed under sections 302, 366, 34 & 201 were maintained by the court. All these charges included most cruel, barbaric and inhuman crime of kidnapping, rape, unnatural intercourse, the murder of girl child victim and disappearance of evidence.
Thus, the court awarded a sentence of life imprisonment to both the accused Bhagwat Kshirsagar and Rahul Kshirsagar which shall not be less than 30 years without remission.