Case Note & Summary
The case pertains to the confirmation of a death sentence awarded to the appellant, Rameshbhai Bachubhai Vaidhukiya, by the Additional Sessions Court at Rajkot in Special POCSO (Atro) Case No.28 of 2018. The appellant was convicted for the kidnapping, rape and murder of a 3-year-old child. The incident occurred on 09.02.2018 when the child was playing near her parents' workplace. The appellant, a known person, kidnapped the child and took her to an abandoned building at the old IIT Hostel, PTC Ground, Rajkot. There, he sexually assaulted the child and, when she screamed, smashed her head on the floor and then hit her face and head with a stone, causing her death. The parents lodged a complaint in the evening. The trial court convicted the appellant under Sections 302, 376(f)(n) and 363 IPC and sentenced him to death. The High Court heard the death reference and the appeal against conviction. The court examined the evidence, including the testimony of the child's parents, medical evidence, DNA reports, and the recovery of the body. The court found that the prosecution had proved its case beyond reasonable doubt through circumstantial evidence. The court also considered the question of sentence and held that the case falls within the 'rarest of rare' category due to the brutal nature of the crime, the vulnerability of the victim, and the lack of any mitigating circumstances. The High Court confirmed the death sentence and dismissed the appeal.
Headnote
A) Criminal Law - Rape and Murder of Minor - Rarest of Rare Case - Death Sentence Confirmed - The appellant was convicted under Sections 302, 376(f)(n) and 363 IPC for kidnapping, raping and murdering a 3-year-old child. The High Court upheld the conviction and death sentence, holding that the case falls within the 'rarest of rare' category due to the brutal nature of the crime, the helplessness of the victim, and the lack of any mitigating circumstances. (Paras 1-29) B) Evidence Law - Circumstantial Evidence - Corroboration - Medical Evidence - The prosecution relied on circumstantial evidence including last seen evidence, recovery of the child's body, medical evidence of rape and murder, and DNA evidence. The court found the chain of circumstances complete and consistent with the guilt of the accused. (Paras 3-20) C) Sentencing - Death Penalty - Rarest of Rare - Aggravating and Mitigating Circumstances - The court considered the aggravating circumstances: the victim was a 3-year-old child, the crime was premeditated and brutal, the accused was a known person, and there was no remorse. Mitigating circumstances were absent. The court confirmed the death sentence. (Paras 21-29)
Issue of Consideration
Whether the conviction and death sentence awarded by the trial court for the offences of kidnapping, rape and murder of a 3-year-old child are sustainable in law and whether the case falls within the 'rarest of rare' category warranting death penalty.
Final Decision
The High Court dismissed the appeal and confirmed the death sentence awarded by the trial court.
Law Points
- Death sentence confirmed in rarest of rare cases
- Section 302 IPC
- Section 376(f)(n) IPC
- Section 363 IPC
- POCSO Act
- corroboration of medical evidence
- circumstantial evidence
- dying declaration
- child witness testimony
