Case Note & Summary
The confirmation case and criminal appeal arose from the brutal rape and murder of a seven-year-old girl. The victim was the daughter of PW-1 Sharda, who lived adjacent to the accused, Babasaheb Maruti Kamble, in Kranti Nagar, Goregaon (W), Mumbai. On 28 October 2011, the festival of Bhaubij, the accused called the victim on the pretext of fetching chili and coriander. When the child did not return after 30–40 minutes, her mother searched for her and eventually found her naked and injured body under the accused's bed. The child had succumbed to her injuries; the post-mortem report indicated that death was caused by head injury with compression of neck, and there was clear evidence of recent forcible sexual intercourse, with the hymen completely torn and internal genital injuries. The accused was caught by neighbours and handed over to the police. The trial court convicted him under Sections 302, 376(2)(f), and 342 of the Indian Penal Code, 1860, and sentenced him to death for murder, life imprisonment for rape, and two months' simple imprisonment for wrongful confinement, and referred the matter to the High Court for confirmation of the death sentence. The accused appealed against the conviction. He pleaded not guilty, took a defence of false implication, and argued that someone else committed the crime and placed the body under his bed. The High Court, after perusing the evidence, including the testimony of the mother, the medical officer, and the circumstantial evidence of last seen together and discovery of the body from the accused's room, and considering his false explanation, held that the prosecution had proved the charges beyond reasonable doubt. The Court found that the chain of circumstances was complete and inconsistent with any hypothesis other than the guilt of the accused. The appeal was dismissed, the conviction was sustained, and the death sentence was confirmed.
Headnote
A) Criminal Law – Murder – Head injury with compression of neck as cause of death – Post-mortem revealed multiple ante-mortem injuries including contusions, abrasions, nail marks, and subarachnoid haemorrhage – Medical evidence proved homicidal death – Held that the victim died a homicidal death (Paras 5, 8-12). B) Evidence – Circumstantial Evidence – Last seen with accused – Accused called victim to his house, victim found dead under his bed, accused gave false explanation about her whereabouts – Chain of circumstances consistent only with guilt – Held that prosecution proved guilt beyond reasonable doubt (Paras 2-4). C) Criminal Law – Rape of Minor – Victim aged about 7 years – Hymen completely torn, vaginal walls lacerated, tears at posterior fornix, external orifice of cervix contused – Penetration and rape established under Section 376(2)(f) IPC – Held that accused committed rape of a minor (Paras 5, 8-12). D) Sentencing – Death Penalty – Section 302 IPC – Trial court sentenced accused to death considering the brutal rape and murder of a seven-year-old girl – High Court confirmed the death sentence as a rarest of rare case – Held that death sentence is appropriate (Paras 1, 4).
Issue of Consideration
Whether the prosecution proved beyond reasonable doubt the guilt of the accused for offences under Sections 302, 376(2)(f), and 342 IPC, and whether the death sentence awarded by the trial court should be confirmed.
Final Decision
The High Court dismissed the appeal, upheld the conviction under Sections 302, 376(2)(f), and 342 IPC, and confirmed the death sentence awarded to the accused.
Law Points
- Circumstantial evidence
- Last seen together
- Death sentence confirmation
- Rape of minor
- Murder of seven-year-old
- Section 302 IPC
- Section 376(2)(f) IPC
- Section 342 IPC
- Medical evidence
- DNA match
- False explanation
- Homicidal death
- Rarest of rare case
