ORDER :

1. It is said that human lust knows no bounds -if there is any truth in it, the instant matter is a glaring instance of such lust. A young girl of 16 years of age has fallen a victim to the lust of another young person though, however, eventually with an unfortunate incident of death being followed thereby caused by the young boy by suffocation. The nature of injuries amply describe such a situation and it will be convenient at this stage to note the same:

"1. A contusion of 3.5 cms. x 2 cms. is present on right side of neck 2-1/2 cms. below right angle of mandible 4 cms. away from midline oblique in nature. Bluish black in colour.

2. Two contusions of 3 cms. x 2 cms., and 2.5 x 1.5 cms. are present on left side of the neck with a gap of 1 cm. obliquely placed up and down 2 cms. Below left angle of mandible. 5.5 cms. away from midline, bluish black.

3. Two cresenteric marks are present on left side of the neck at posterior aspect of contusions mentioned in injury No.2, concavity anterior. Reddish brown.

On dessection of the above injuries from 1 to 3, showed extravasation of blood in the surrounding tissues. Reddish in brown in colour.

4. Four scratched abrasions ranging from 2.5 cm. in length, parallelly and obliquely placed over upper and lateral quadrant of right breast. Reddish brown in colour.

5. Two scratched abrasions of 3 and 4 cms. parallelly obliquely placed over back of right part of chest over mid scapular region. 6.5 cms. away from midline.

6. Two scratched abrasions of 4 cm. x 6 cms. in length. Obliquely and parallelly placed from below upwards over upper and inner aspects of right thigh.

Reddish brown.

7. Three scratched abrasions ranging from 3 to 7.5 cms. in length, obliquely and parallelly placed from below upwards over upper and inner aspects of left thigh.

Reddish brown in colour.

8. A scratched abrasion of 6.5 cms. from above downwards over inner and medial aspect of left thigh reddish brown in colour.

9. A cresenteric mark is present on right labium mazora at its middle, concavity towards outside, reddish brown in colour.

10. A cresenteric mark is present over left labium mazora at its inner aspect, concavity towards outside. Reddish brown.

11. Two fresh tears of hymen are present at 3 O’ clock and 7 O’ clock positions, the edges are irregular, contused reddish brown in colour.

12. Multiple abrasions over an area of 6 x 4. 5 cm. maximum of which 1.5 x 1.2 cm. are present on medial and lower aspect of left leg and foot reddish brown in colour.

13. Multiple abrasions over an area of 10 x 8.5 cms. the maximum of which is 2 x 0.5 cms. are present on medial aspects of right ankle and foot.

These injuries are ante mortem in nature."

2. The learned Sessions Judge while dealing with the matter thought it prudent to convict the respondent herein under Section 302 of the Indian Penal Code with death penalty. The same, however, came for confirmation before the High Court. The High Court in turn converted the same into one under Section 304 Part II of the Indian Penal Code though maintained the conviction under Section 376 of the Indian Penal Code and did pass an order of sentence of ten years rigorous imprisonment. While dealing with the matter, the High Court has the following to record as its own reasoning.

"It is difficult, however, to see how, under the Indian Penal Code, in the circumstances narrated, any charge which would fall under the definition of Section 300 IPC, thereof could be sustained. What it would appear clear was that at the time of sexual assault by A-1 on the deceased and during the course of intercourse A-1 with all his strength must have put both of his hands on the neck of the deceased, who was suffering from motions and vomitings, and by which act the deceased suffered suffocation, resulting in her death. It, therefore, seems to our mind that there is no doubt that A-1 had no intention for causing the death of the deceased after intercourse had been effected on the deceased girl. There seems also no re