Case Note & Summary
The case arose out of the rape and murder of an 8-year-old girl in Yakapura village. The victim was the daughter of PW.1, who was a coolie worker. On 02.12.2019, PW.1 returned home at 5:00 p.m. and found her daughter missing. Upon inquiry, PW.2, a shopkeeper, informed her that the accused had brought the victim to her shop along with his brother's children and purchased snacks before leaving. Further search led to information from PW.14 that the accused and the victim were seen sitting on a canal bund behind an Anganawadi school. Eventually, the victim's naked body was found under a custard apple bush near the school. The complaint was lodged by the mother at Sulepet Police Station, leading to registration of Crime No.112/2019. Investigation was carried out by PW.32, who conducted inquest, spot mahazar, and recorded statements of witnesses. The accused was apprehended and upon his voluntary statement, his inner wear and other clothes were recovered. Post-mortem and forensic examinations were conducted. The trial court convicted the accused under Sections 366(A), 376(2)(i), 302, 201 of IPC and Section 6 of POCSO Act, sentencing him to death and other terms, along with a compensation direction. The accused appealed against conviction and sentence, and the trial court made a reference under Section 366 Cr.P.C. for confirmation of the death sentence. The High Court heard the appeal and reference together. By judgment dated 06.04.2023, the High Court confirmed the conviction and reserved the matter for orders on sentence. After hearing on sentence, the court pronounced its final orders confirming the death penalty and other sentences.
Headnote
A) Criminal Law - Death Penalty Confirmation - Section 366 of Cr.P.C. - The trial court having imposed death sentence, the matter was referred to the High Court for confirmation under Section 366 of Cr.P.C. - The High Court confirmed the conviction and thereafter heard the matter on sentence, ultimately pronouncing orders on sentence. (Paras 2-3) B) Criminal Law - Rape and Murder of Minor - Sections 302, 376(2)(i) IPC and Section 6 of POCSO Act - The accused was convicted for the rape and murder of an 8-year-old girl, with the trial court finding him guilty and sentencing him to death - The High Court confirmed the trial court's findings on conviction. (Paras 2, 5-6) C) Evidence - Circumstantial Evidence - Investigation and Recovery - The investigating officer recorded voluntary statement of accused leading to recovery of clothes and other material, which formed part of the evidence relied upon by the trial court to convict the accused. (Paras 10-11)
Issue of Consideration
KAHC030032452020_1
Final Decision
The High Court confirmed the judgment of conviction dated 13.03.2020 and passed orders on sentence, confirming the death penalty and other sentences.
Law Points
- Conviction under Sections 366(A)
- 376(2)(i)
- 302
- 201 IPC and Section 6 of POCSO Act
- Death penalty confirmed under Section 302 IPC and Section 6 POCSO Act
- Reference under Section 366 Cr.P.C for confirmation of death sentence
- Compensation under NALSA scheme
