Laxman Naik VS State of Orissa

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SUPREME COURT OF INDIA
A.S. Anand and Faizan Uddin, JJ.
Laxman Naik - Appellant
versus
State of Orissa - Respondent
Criminal Appeal No. 407 of 1992
Decided on 22.2.1994
IMPORTANT POINT
A calculated, cold blooded and brutal murder of a girl of a very tender age of7 years after committing rape on her would fall in the category of rarest of the rare case attracting no punishment other than the capital punishment.

Headnote:(i) Indian Penal Code, 1860 - Sections 302 and 376 - Conviction under - Appeal. Offence of committing rape and soon after murder of the victim in a forest - Accused is an agnate and paternal uncle of the deceased, a girl of 7 years of age - No eye-witness - Only circumstantial evidence - Death due to asphyxia by throttling - Medical evidence revealing forcible sexual assault just before her death - Accused absconded and could be apprehended only after about 14 months - On the day of occurrence the accused had commanded the deceased to accompany him to the village. Misrepresentation and intentional false statement of the accused as to the whereabouts of the deceased - Dead body recovered from a jungle. One underwear stained with blood belonging to the accused was lying near the dead body - Seizure of wearing apparels of the deceased completely smeared with blood - Serious bleeding injury in her. private part - Circumstances established are of exclusive nature consistent only with the hypothesis of the guilt of the accused - Conviction confirmed - Sentence of death.
       Held: The hard facts of the present case are that the appellant Laxman is the uncle of the deceased and almost occupied the status and position that of a guardian. Consequently the victim who was aged about 7 years must have reposed complete confidence in the appellant and while reposing such faith and confidence in the appellant must have believed in his bona fides also and it was on account of such a faith and belief that she acted upon the command of the appellant in accompanying him under the impression that she was being taken to her village unmindful of the pre-planned unholy designs of the appellant The victim was totally a helpless child there being no one to protect her in the desert where she was taken by the appellant misusing his confidence to fulfil his lust. It appears that the appellant had preplanned to commit the crime by resorting to diabolical methods and it was with that object that he took the girl to a lonely place to execute his dastardly act. (para 20)
       Further held: The evidence of Dr. Pushp Lata, P.W. 12, who conducted the post-mortum over the dead body of the victim goes to show that she had several external and internal injuries on her person including a serious injury in her private parts showing the brutality with which she was subjected to while committing rape on her. The victim of the age of Nitma could not have been ever resisted the act with which she was subjected to. The appellant seems to have acted in a beastly manner as after satisfying his lust he thought that the victim might expose him for the commission of the offence of forcible rape on her to the family members and others, the appellant with a view to screen the evidence of his crime also put an end to the life of innocent girl who had seen only seven summers. The evidence on record is indicative of the fact as to how diabolically the appellant had conceived of his plan and brutally executed it and such a calculated, cold blooded and brutal murder of a girl of a very tender age after committing rape on her would undoubtedly fall in the category of rarest of the rare case attracting no punishment other than the capital punishment. (para 21)
       (ii) Circumstantial Evidence - Standard of proof required to convict a person on; (Para 10)
       Result: Appeal dismissed.

JUDGMENT

Faizan Uddin, J. - The present case before us reveals a sordid story, which took place some times in the afternoon of 17th February. 1990. in which the alleged sexual assault followed by brutal and merciless murder by the dastardly and monstrous act of abhorrent nature is said to have been committed by the appellant herein who is none else but an agnate and paternal uncle of the deceased victim Nitma, a girl of the tender age of 7 years who fell a pray of his lust which sends shocking waves not only to the judicial conscience but to everyone having slightest sense of human values and particularly to the blood relations and the society at large.

2. The appellant Laxman Naik was charged and tried under Section 376 and 302 of the Penal Code for committing rape and soon after murder of the victim inside the forest known as Chhotsima Jungle, situated on the way between the villages Patkadihi and Tangarjoda. Learned Sessions Judge, Mayurbhanj, Baripada, relying on the circumstantial evidence found to be established against the appellant, convicted him for an offence under Section 376 as well as under Section 302 of the Penal Code and having regard to the peculiar facts and circumstances of the present case found it to be rarest of the rare cases and, therefore, sentenced him to death. However, no separate sentence for the offence under Section 376 of the Penal Code has been awarded. The learned Sessions Judge made a reference to the High Court of Orissa for confirmation of the death sentence. The appellant Laxman Naik also preferred an appeal in the High Court of Orissa challenging his conviction and sentence as aforesaid. After a careful and close scrutiny of the evidence on record the High Court dismissed the appellant's appeal and confirmed the death sentence awarded to him. This appeal, therefore, has been filed before this Court on being granted special leave.

3. Briefly stated that prosecution case as it turns out from the evidence on record was that Rema Naik, P.W. 2 resident of village Patkadihi had performed funeral rites at his house on 16.2.1990 in which he had invited his relatives and other villagers. Smt. Nitma Naik, P.W. 3. the mother of the present appellant is the sister of the father of Rema Naik, P.W. 2. Smt. Nitma Naik, P.W. 3, her son the appellant Laxman and the deceased Nitma daughter of elder brother of the appellant, being close relatives of Rem a Naik. Also went from their village Tangarjoda to the house of Rema Naik at village Patkadihi to attend the said ceremony. It is said that in the afternoon of 17.2.1990 when all the relatives assembled in the ceremony including Rema Naik, P.W. 2 were busy in the observance of the ceremony, the appellant commanded the deceased to accompany him back to their village and the deceased followed him in obedience of his command. Around 4 PM the appellant and the deceased were found to be absent from function. Shortly thereafter Genada alias Ganga Ram, P.W. 1 resident of village Patkadihi saw the appellant and the deceased near Chholsima jungle, going towards their village Tangarjoda. Sometimes later the appellant alone reached his house in village Tangarjoda where on being asked about the deceased by his elder brother Hindu Naik, P.W. 4, the father of the deceased, the appellant is said to have told him that the mother and the deceased Nitma were at the house of Rema Naik in village Patkadihi. In the same evening the appellant returned back to village Patkadihi and on being questioned by his mother Nitma Naik, P.W. 3 as to the whereabouts of the deceased, the appellant told her that she had safely reached to her village Tangarjoda. The next morning when the appellant's mother Nitma Naik was heading towards her village Tangarjoda, she noticed the appellant roaming about near Chhotsima jungle. On being asked against as to the whereabouts of the deceased, the appellant told to his mother that she was there in village Tangarjoda. But to her utter surprise when Nitma N

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