Case Note & Summary
The case pertains to the brutal rape and murder of a 10-year-old tribal girl, Ku. S, on 15-08-2015 at the newly constructed hostel building of Adivasi Madhyamik Ashram Shala, Pandhurna, Tahsil Ashti, District Wardha. The accused, Raju @ Rajkumar Keshavrao Landge, was a watchman at the school. The victim had gone to the hostel to collect water from a tap when the accused dragged her inside, raped her repeatedly over three consecutive days, and ultimately strangled her to death. He also threatened to kill her if she disclosed the incident. The trial court convicted the accused under various provisions of the Indian Penal Code, the Protection of Children from Sexual Offences Act, 2012, and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, and sentenced him to death. The High Court heard the confirmation case and the appeals filed by the accused. The prosecution relied on circumstantial evidence including last seen evidence, recovery of the victim's clothes and the accused's underwear with semen stains, DNA matching, medical evidence confirming rape and strangulation, and the accused's conduct. The High Court upheld the conviction and confirmed the death sentence, holding that the case falls within the rarest of rare category due to the brutal nature of the crime on a defenseless minor.
Headnote
A) Criminal Law - Rape and Murder of Minor - Circumstantial Evidence - Conviction based on circumstantial evidence is sustainable when the chain of circumstances is complete and points to the guilt of the accused - The prosecution established motive, last seen, recovery of articles, DNA matching, and medical evidence - Held that the circumstantial evidence was sufficient to convict the accused (Paras 10-25). B) POCSO Act - Aggravated Penetrative Sexual Assault - Sections 5(m), 5(p), 6 - The accused, being a watchman, committed repeated penetrative sexual assault on a 10-year-old tribal girl - The victim's testimony and medical evidence corroborated the assault - Held that the offence under Section 5(m) and (p) read with Section 6 was proved (Paras 15-20). C) Indian Penal Code - Murder - Section 302 - The accused murdered the victim by strangulation after committing rape - Medical evidence showed cause of death as asphyxia due to strangulation - Held that the offence of murder was proved (Paras 21-25). D) Indian Penal Code - Rape Causing Death - Section 376A - The accused committed rape on a minor girl and caused her death - The evidence established that the victim died during or after the commission of rape - Held that the offence under Section 376A was made out (Paras 22-26). E) Indian Penal Code - Criminal Intimidation - Section 506 - The accused threatened the victim with death if she disclosed the incident - The victim's statement and conduct supported this charge - Held that the offence of criminal intimidation was proved (Para 27). F) SC/ST Act - Atrocity - Section 3(2)(v) - The accused, not being a member of SC/ST, exploited the victim's vulnerability as a tribal minor - The prosecution proved that the accused was in a position to dominate the will of the victim - Held that the offence under Section 3(2)(v) was established (Para 28). G) Sentencing - Death Sentence - Rarest of Rare Cases - The murder was brutal, premeditated, and committed on a defenseless minor - The accused had no mitigating circumstances - Held that the case falls within the rarest of rare category, confirming death sentence (Paras 30-35).
Issue of Consideration
Whether the conviction and death sentence awarded to the accused for the offences of rape and murder of a minor girl, and other allied offences, are sustainable in law.
Final Decision
The High Court dismissed the appeals filed by the accused and confirmed the death sentence awarded by the trial court. The conviction under all charges was upheld.
Law Points
- Death sentence confirmation
- Rape and murder of minor
- POCSO Act
- Section 376A IPC
- Section 302 IPC
- Section 5(m)(p) POCSO
- Section 6 POCSO
- Circumstantial evidence
- Last seen theory
- DNA evidence
- Medical evidence
- Motive
- Criminal intimidation
- SC/ST Act
