The court affirmed the death sentence for brutal rape and murder, emphasizing the gravity of the crime and the absence of mitigating circumstances.

JUDGMENT :

Per Gautam Kumar Choudhary, J. Death Reference on behalf of the State and the Criminal Appeal preferred on behalf of the appellant arise out of the common judgment and sentence passed in Sessions Trial No.576 of 2019, whereby and whereunder the appellant has been convicted and sentenced to death under Section 302 of the IPC, appellant is also convicted under Sections 376, 449 and 201 of the IPC and sentenced to different terms of imprisonment and fine. Appellant has preferred the Criminal Appeal against the judgment of conviction and sentence, whereas the State has preferred reference for affirmance of the death sentence.

2. Informant is the father of the victim girl who was aged 19 years at the time of incidence. As per the FIR, on 15.12.2016, she had gone to attend her Class at RTC Institute of Technology, Anandi at Ormanjhi and he had gone to drop her to the College. Informant returned from there to his home at Barkakana and on that day after attending her Class, victim returned to her home at Booti Basti, Ranchi. After she returned home, at 6.30 in the evening, the informant received a call from her daughter on his mobile where she requested to recharge her mobile. On the intervening night of 15/16.12.2016, she was all alone in the house situated at Booti Basti. On the next morning at 8.15, when the daughter of informant tried to contact the victim, she found that the mobile was switched off. At this she contacted the wife of Anil Kumar Singh, who was a resident neighbor at Booti Basti and requested her to get the information regarding the victim as her mobile was switched off. When wife of Anil Kumar Singh went to the house, she found that door was open, smoke billowing from the room and inside victim was in burnt condition. The bed and mattress over it were on fire and this information was given to the informant on telephone. By 9 O’ Clock, the informant reached his house at Booti and found his daughter in burnt condition lying on the ground. Informant apprehended attempted rape and murder by unknown miscreants.

3. On the basis of the fardbeyan, Ranchi Sadar P.S. Case No.534/2016 was registered under Sections 448, 302, 201, 328, 376, 511/34 of the IPC on 17.12.2016 against unknown. During investigation, matter was handed over to CBI for investigation. During investigation, it was found that the appellant had been stalking the victim. Further, on the basis of the post mortem examination report, it was found that the victim was raped brutally and murdered by strangulating with data cable and electric wire. The vaginal swab, nail clippings and other body materials were sent for chemical analysis to FSL. On the basis of DNA report, the identity of the appellant was established as the assailant. After investigation, charge sheet was submitted under Sections 302, 376, 449 and 201 of the IPC against the appellant- Rahul Kumar @ Rahul Raj @ Raj Srivastava @ Rocky Raj @ Aryan @ Ankit.

4. After cognizance, the appellant was put on trial for the offence punishable under Sections 302, 376, 449, and 201 of the IPC.

5. The prosecution has examined altogether 30 witnesses out of 34 witnesses cited in charge-sheet to substantiate the charges. They are :-