Case Note & Summary
The case pertains to the kidnapping, rape, unnatural sex, and murder of a 5-year-old girl by her neighbor, the appellant Dattatraya @ Datta Ambo Rokade. The victim was the youngest daughter of the complainant (PW1) and his wife (PW2), who resided in the same building as the appellant. On 22 January 2013, the victim went missing from her home. After frantic searches, her naked body was found lying in front of her tenement at around 2:30 a.m. on 23 January 2013. The post-mortem revealed that the cause of death was asphyxia due to smothering, associated with head injuries and sexual assault. The appellant was arrested on 25 January 2013, and incriminating articles including blood-stained clothes, a plastic bag, and the victim's clothes were recovered at his instance. DNA analysis confirmed that the blood on the bag and the victim's shirt matched the victim's DNA, and semen on the appellant's underwear and the victim's swabs matched the appellant's DNA. The prosecution examined 27 witnesses, including the parents, doctors, police officers, and panch witnesses. The appellant's defense was denial and false implication. The trial court convicted the appellant under various sections of the IPC and POCSO Act and sentenced him to death. The High Court confirmed the conviction and sentence. The Supreme Court, in appeal, upheld the conviction and death sentence, finding that the circumstantial evidence, particularly the DNA evidence, established the appellant's guilt beyond reasonable doubt. The court noted that the chain of circumstances was complete and pointed only to the appellant's guilt. The court also affirmed the death sentence, categorizing the case as 'rarest of rare' due to the brutal and heinous nature of the crime against a minor child.
Headnote
A) Criminal Law - Rape and Murder of Minor - Circumstantial Evidence - DNA Evidence - Conviction under Sections 302, 376(2)(f), 377, 363, 364, 367, 201 IPC and Sections 3, 4, 5(i)(l) and (m) of Protection of Children from Sexual Offences Act, 2012 - The appellant was convicted for kidnapping, raping, committing unnatural sex, and murdering a 5-year-old girl. The prosecution relied on circumstantial evidence including DNA matching, recovery of incriminating articles, and testimony of witnesses. The Supreme Court upheld the conviction and death sentence, finding the chain of circumstances complete and the evidence reliable (Paras 1-24). B) Evidence Law - Test Identification Parade - Identification of Accused and Bag - The witnesses (PW4 and PW5) identified the appellant and the bag in a test identification parade conducted by the Executive Magistrate. The court held that the identification was valid and corroborated the prosecution case (Paras 19-20). C) Criminal Law - Death Sentence - Rarest of Rare Cases - The High Court confirmed the death sentence imposed by the trial court. The Supreme Court affirmed the sentence, considering the brutal nature of the crime, the age of the victim, and the lack of mitigating circumstances (Para 1).
Issue of Consideration
Whether the conviction and death sentence of the appellant under Sections 302, 376(2)(f), 377, 363, 364, 367, 201 IPC and Sections 3, 4, 5(i)(l) and (m) of POCSO Act is sustainable based on circumstantial evidence and DNA evidence.
Final Decision
The Supreme Court dismissed the appeals and upheld the conviction and death sentence of the appellant under Sections 302, 376(2)(f), 377, 363, 364, 367, 201 IPC and Sections 3, 4, 5(i)(l) and (m) of POCSO Act.
Law Points
- Circumstantial evidence
- DNA evidence
- Test identification parade
- Rape and murder of minor
- Death sentence confirmation
- POCSO Act
- Indian Penal Code
