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2012 (2) Supreme 196
SUPREME COURT OF INDIA
A.K. Patnaik and Swatanter Kumar, JJ.
Rajendra Pralhadrao Wasnik — Appellant
versus
The State of Maharashtra — Respondent
Criminal Appeal Nos.145-146 of 2011
Decided on : 29-2-2012
Offence of rape-Weak FSL Report-Effect- Merely because the FSL report was inconclusive, it is not necessary that the irresistible conclusion is only one that the accused is not guilty, particularly where the prosecution has been able to establish its case on circumstantial evidence as also by direct oral evidence- It is a settled principle of law that the evidence has to be read in its entirety- If, upon reading the evidence as such, there are serious loopholes or lacking in the case of the prosecution and they do not prove that the accused is guilty, then the Court would be justified in giving the benefit of doubt to the accused on the strength of a weak FSL report (Para 13)
Offence of rape on a minor girl-Award of death sentence –If justified-Held crime committed by the accused was heinous- In fact, it was not heinous simplicitor, but was a brutal and inhuman crime where a married person, aged 31 years, chose to lure a three year old minor girl child on the pretext of buying her biscuits and then commited rape on her-Further, obviously intending to destroy the entire evidence and the possibility of being identified, he killed the minor child.- Trial court held fully justified in law in awarding the extreme penalty of death for an offence under Section 302 IPC along with other punishments for other offences- No justifiable reason to interfere with judgment of conviction and order of sentence under impugned judgment-Appeals dismissed. (Paras 17 to 19)
Facts of the Case :
Appellant accused was prosecuted herein in the instant case for committing rape on a minor girl and thereafter murdering her.Trial Court while convicting appellant imposed death sentence on him. Appeal thereagainst was Dismissed by High Court.
B. Present Appeals have been filed against said order of High Court.
Findings of the Court :
A. Circumstances proved against appeallant were that accused had taken victim girl from her home on the pretext of purchasing her biscuits. Neither victim girl nor the accused returned to the house.Accused was last seen with the deceased at the bus stand where, in the normal course of life, such shops are situated. Thereafter, the nude body of deceased was found in the field .Post mortem report showed beyond reasonable doubt that three year old girl was subjected to rape, injuries and then murdered. Accused was last seen with the minor girl at the ST bus stand.Said circumstances and the chain of events was complete with regard to the commission of crime and undoubtedly pointed towards the accused. The accused had been identified by prosecution witnesses PW2, PW3 and PW4. . The cumulative effect of the entire prosecution evidence was that it pointed unmistakably towards the guilt of accused.
B.As far as question of awarding death sentence was concerned crime committed by the accused was heinous. In fact, it was not heinous simplicitor, but was a brutal and inhuman crime where a married person, aged 31 years, chose to lure a three year old minor girl child on the pretext of buying her biscuits and then commited rape on her.Further, obviously intending to destroy the entire evidence and the possibility of being identified, he killed the minor child. The injuries, as described in post mortem report showed the extent of brutal sexual urge of accused, which targeted a minor child, who still had to see world. Minor child was helpless in the cruel hands of accused. The accused was holding the child in a relationship of ‘trust-belief’ and ‘confidence’, in which capacity he took the child from the house of PW2. Trial court held fully justified in law in awarding the extreme penalty of death for an offence under Section 302 IPC along with other punishments for other offences. No justifiable reason was found to interfere with judgment of conviction and order of sentence under impugned judgment. Appeals were dismissed.
JUDGMENT
Swatanter Kumar, J.
1. The present appeals are directed against the judgment dated 26th March, 2009 passed by the High Court of Bombay, Nagpur Bench affirming the conviction of the accused under Sections 376(2)(f), 377 and 302 of the Indian Penal Code, 1860 (hereafter ‘IPC’) and the sentence of death awarded to the accused-appellant herein vide judgment of the First Additional Sessions Judge, Amrawati, dated 10th September, 2008.
2. The facts giving rise to the present appeal fall within a narrow compass and are as follows :
Mahendra Namdeorao Wasnik, PW12, was living with his wife, three children and parents in Village Asra. He used to go to Village Tarkheda for earning his livelihood at the thresher of one Zafarbhai. Normally, he used to return to his village at about 10.00 p.m. after doing his day’s work. On 2nd March, 2007, he left his house at 7.00 a.m. and returned from his work at about 9.00 p.m. Upon his arrival, he was informed by his wife Kantabai Wasnik that at about 4.00 p.m. one person, whose name she did not know, had come to the house and after taking tea, he left. The said person had again come at about 6.30 p.m. On his second visit, he told that he would take out their daughter, namely Vandana, to get her biscuits. After talking to the mother of Vandana, the accused had taken Vandana for purchasing biscuits but never brought her back to her house. Having learnt this, PW12 started searching for his daughter Vandana along with others, but they were unable to find her. On 3rd March, 2007 at about 8.00 a.m. when he was going to the Police Station for lodging the report, he saw that some persons had gathered in the fields of Pramod Vitthalrao Mohod. He went there and saw the dead body of his daughter in that field. The dead body of Vandana was lying in a nude condition and there were injuries on her person. It has come in evidence that the accused had visited the house of PW12, Mahendra Namdeorao Wasnik to see his ailing father. He left after a cup of tea. It was on this information received from his wife that PW12 suspected that the accused was the person who was a resident of Village Parlam and had taken away his daughter. Consequently, PW12 lodged the report with the Police, Exhibit 71 in respect of the incident. As the body of the deceased minor girl, Vandana, had been recovered, an FIR was registered being Crime Case No.23/2007 under Sections 376(2)(f), 377 and 302 IPC. The Investigating Officer started the investigation, prepared the inquest panchnama in respect of the dead body of the deceased Vandana vide Exhibit 11. Sample of soil, soil mixed with urine and clothes of the deceased Vandana were seized from the spot under Panchanama Exhibit 12. The Investigating Officer had also drawn a sketch map of the spot of the incident on 16th June, 2007 vide Exhibit 64. At the request of the Police, the Judicial Magistrate recorded statement of the witnesses, namely, Bhimrao Gulhane, Nilesh Gedam, Ravindra Borkar and Sumit Ramteke under Section 164 of the Code of Criminal Procedure, 1973 (hereafter ‘Cr.P.C.’) The accused was arrested on 10th April, 2007 his clothes were seized vide Exhibit 14. He was subjected to medical examination. The doctor had taken blood and semen sample of the accused. These samples and the viscera were sent for medical examination vide Exhibits 21 and 22. The reports thereof are Exhibits 76 to 79.
3. The accused was produced before the Court and was committed to the Court of Sessions where he was charged with the offences punishable under Sections 376(2)(f), 377 and 320 IPC. He was tried for these offences. Learned Trial Court found him guilty of all the offences and awarded him punishments as follows :
Offences Punishment/Sentence
302 IPC Sentenced to death and he shall be hanged by neck till he is dead subject to confirmation by the Hon’ble High Court, Bombay, Bench at Nagpur as per the provisions of Section 366 of Cr.P.C.
376(2)(f) IPC Sentenced to imprisonment for life and to pay fin
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