Criminal Appeal no- 1110 of 2015
Supreme Court of India
BENCH: Hon’ble Mr NV Raman, Hon’ble Mr Deepak Gupta, Hon’ble Ms.anerjee
DATE OF JUDGEMENT: 21st Feb 2019
RELEVANT SECTIONS:
- Section 302 IPC (Punishment for murder)
- Section 377 IPC (Punishment for sexual activity against nature)
- Section 201 IPC (Causing disappearance of evidence of offence )
- 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)
BACK STORY
The complainant and his wife lived in Koparigaon with their three children, a 10 yr old son and two daughters 7 and 5 yrs old. On 22nd Jan 2013, the wife went to her parent’s house leaving her children alone in her house. When she returned, she found her youngest daughter, the victim, missing. She informed her husband and relatives, who started the search. When the victim was not found, an FIR was reported regarding the same at APMC police station. The victim’s body was found in a very disturbing state on 23rd Jan 2013 and was immediately sent for postmortem. Postmortem was conducted by Dr.Bhushan Jain, assisted by Dr Prerna Thakur.
The accused was the resident of the same building as the victim. He was well aware that the victim’s parents were both working and often left their children alone in the house. On the 22nd afternoon, the accused took the victim girl to his house, where he raped her and had unnatural sex with smothering her in the process, which leads to her death. In the night he left the house to dispose of her body and then when to his brother house without informing his family. He had been unemployed for last four year and had a history of forcing himself on his wife sexually without her consent and was kicked out of his village, where he had molested a lady during her natural call. This criminal mindset and uncontrolled sexual desire made him commit such a hideous crime on an innocent five-year-old girl.
FORENSIC REPORT
The postmortem report showed multiple injuries below the eyelid, above upper lips, lacerated vagina and anus with heavy bleeding, which were the result of multiple sexual acts and forceful penetration in the vagina. The report showed multiple rape and death caused by asphyxia, smothering my hands covering mouth and nose. The blood sample along with nail clipping and scalp hair was collected and sent to FSL for DNA profiling and to detect the presence of foreign substances. The DNA profiling of semen strain was done to match the DNA of accused blood. The match was found to be positive.
JUDGEMENT
The trial court and 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 sentenced to incarceration of a lifetime, not less than 14 years under section 302,201,377,376(2)f, 363,364 and 367 of IPC along with POCSO act.