Criminal Appeal no- 1488 of 2018
Supreme Court of India
BENCH: Hon’ble Mr Rohinton Fali Nariman, Hon’ble Mr R Subhash Reddy, Hon’ble Mr Surya Kant
DATE OF JUDGEMENT: 3rd Oct 2019
RELEVANT SECTIONS:
- Section 302 IPC (Punishment for murder)
- Section 377 IPC (Punishment for sexual activity against nature)
- Section 376 IPC (Punishment for rape)
- Section 363 IPC (Punishment for kidnapping)
BACK STORY
A 2-year-old girl child was lured with chocolates, raped and throttled to death on 6th March 2012. On the same day in the evening around 5 pm, the deceased father, Iliyas Mohinuddin, a fruit seller was informed by his wife about their missing daughter. He along with his relative started a search for the deceased. During this search, he was informed by Azbar about the accused who was distributing chocolates to children near the Maroti temple. The deceased father immediately launched an FIR and informed the police about the accused. When the police arrived at the accused house and broke enter into the same, they found the deceased body drained in blood coming from her private parts under the bed covered with a blanket. The accused was arrested.
The deceased was rush to the hospital where she was declared dead. The body was sent for postmortem. The crime scene was recreated and all the evidence collected were sent for examination. Twelve witnesses were presented in the court which in collaboration with the forensic reports proved the accused guilty. The manner of crime was brutal was committed with only intent to satisfy lust, which had shocked the society’s conscience, so it was considered ‘rare of rarest’ case by the trial and high court.
FORENSIC REPORT
The postmortem was performed by Dr B.L. Survase and Dr Bedarkar. the report showed multiple injuries and ruptured private parts indicating forceful rape and death by throttling. The medical examination of the accused was done at Ghati hospital, Aurangabad. The deceased clothes and the accused blood sample were sent for examination on 11th March 2012 to FSL, Mumbai. The DNA sample collected from the deceased body swabs and cloths matched with that of the accused.
JUDGEMENT
The trial court as well as the high court consider this case to be rare of rarest and had awarded death sentence to the culprit. He further appealed at the Supreme court, where his sentence was reduced. On concluding all the forensic reports, witness and evidence presented before the court, the culprit was found guilty under section 302, 363, 376 and 377 of IPC and was sentenced with rigorous imprisonment for life without any commutation.