Criminal appeal nos. 1100-1111
Supreme Court of India
BENCH: Hon’ble N.V. Ramana J., Hon’ble D. Gupta J., Hon’ble Ms. Banerjee J.
DATE OF JUDGEMENT: 21 February 2019
RELEVANT SECTIONS/ACTS:
- Section 302 of IPC (Punishment for murder)
- Section 376 of IPC (Punishment for rape)
- Section 377 of IPC (Unnatural offences)
- Section 363 of IPC (Punishment for kidnapping)
- Section 364 of IPC (Kidnapping or abducting in order to murder)
- Section 367 of IPC (Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc.)
- Section 201 of IPC (Causing disappearance of evidence of offence, or giving false information to screen offender)
- Section 3 of POCSO (Penetrative sexual assault)
- Section 4 of POCSO (Punishment for penetrative sexual assault)
- Section 5 of POCSO (Aggravated penetrative sexual assault)
BACK HISTORY
A girl of 5 years was playing with her elder siblings of age about 10 years and 7 years at their tenement. Her parents used to go to work leaving the three children at home. As her mother came home, she found that her youngest daughter was not at home. She informed the girl’s father via mobile phone and the search for the girl child were started. They lodged a missing report of a girl in the police station. After reaching the home they found that their girl child was lying nude in front of the door of their tenement, without any movement. Her father informed the police and immediately moved his daughter to the hospital, where the doctor declared her brought dead. There were many injuries on her body, her private parts were lacerated and blood was oozing out of it. The dead body of the victim was sent for the postmortem.
The accused, who used to live in the nearby tenement of the victim with his wife, two sons, two daughters and grandson. After leaving all family members to their work and his grandson to school, he was alone at home. In afternoon accused took the victim from her home, raped her and had unnatural sexual intercourse with her, caused her head injury and finally killed by smothering. After abusing and killing her, he kept her body in front of her tenement. The police found the orange shirt of victim and bedsheet, cloth for cleaning floor which was stained with blood in the house of the victim.
The accused was charged under sections 302, 376(2)(f), 377, 363, 364, 367 and 201 of IPC as well as sections 3, 4, 5 (i)(l) and (m) of POCSO Act.
POSTMORTEM REPORT
The postmortem examination on the body of the victim was conducted by Dr. Bhushan Jain. In the postmortem report, he opined that the cause of death of the victim was asphyxia due to smothering, associated with head injuries and sexual assault. He also deposed that all five injuries on the private part, anus, below the eye, and above the upper lip were possible by repeated sexual acts and forceful penetration. These injuries were sufficient to cause instant death in the ordinary course. The blood, hair, nail, vaginal swab and an anal swab of the deceased victim were sent to the Forensic Science Laboratory.
FORENSIC REPORT
The DNA profiling of all the samples was conducted by Dr. Bhomg in DFSL, Mumbai. The examination report concluded that the DNA profile of blood detected on the plastic bag, an orange shirt of deceased and ned-sheet recovered from the house of the accused was identical with the DNA profile of the deceased. The report also showed that DNA profile test conducted over the underwear of accused, the bedsheet and vaginal & anal swabs of the deceased was matched with the DNA profile of the accused. The DNA analysis report indicated that the victim was raped by the accused.
JUDGEMENT
Court confirmed charges against the accused Dattatraya for the offences punishable under sections 302, 376(2)(f), 377of IPC read with sections 3, 4 and 5 of POCSO Act which include a hideous crime of committing rape and unnatural sexual act over the minor girl.
Court commuted the sentence of accused Dattatraya @ Datta Ambo Rokade given by high court into imprisonment for life.