Rape murder of a minor girl DNA test on High Court orders confirms appellant’s guilt. Directions to DGP, Health Secretary, JTRI to streamline investigations: Allahabad High Court
Rape is one of the most heinous crimes a person can commit. It is not just a heinous crime but a huge disgrace to mankind as a species. It is a sexual assault that usually involves sexual intercourse with a person without their consent. In this article, we shall learn what rape is as per Indian statutes, the importance of express consent, and against whom rape can be committed.
High Court of Allahabad learned bench led by HONOURABLE JUSTICE AMAR SARAN and HONOURABLE JUSTICE MRS. VIJAY LAKSHMI awarded sentence to death and sentence to life imprisonment to the appellant Akhtar in the case Akhtar vs State of U.P. (CAPITAL CASES No.- 574 of 2013).
This capital appeal stems from a judgment of the Additional Sessions Judge, in which the appellant was sentenced to death under Section 302 of the IPC with a fine of Rs. 25,000/. Under section 376 I.P.C, the appellant was sentenced to life imprisonment and a fine of Rs. 25,000/, and under section 201 I.P.C, he was sentenced to 7 years RI and a fine of Rs. 7000/. The Sessions Judge has also filed a death reference to this Court in order to confirm the appellant Akhtar’s death sentence.
BACKGROUND: The FIR of this case was lodged by the father of the deceased Nisha, at the police station. This FIR alleges that Nisha aged about 12 years had gone to graze her buffaloes in the afternoon. When she did not return till 5.00 pm then a search was made for her by the informant and other residents of the Mohalla. At about 6.00 P.M the informant, his brothers Islam and Afzal, and neighbors were crossing the lane in front of the house of the appellant, they saw the appellant throwing the body of Nisha outside his house. The informant and other persons caught hold of the appellant. Nisha had died and there was a round mark on her neck and there were injuries on her body. With the help of Nisha’s father and brother, the appellant was brought to the police station where a report was lodged alleging that the appellant had raped and murdered Nisha. The case was registered at the police station at Crime under sections 375, 302, 201 I.P.C in the presence of the investigating officer Ashok Kumar Singh.
EVIDENCE: During the investigation, an inquest was done on the body of the deceased, statement of the informant was recorded. Some black and Henna-colored hair was found between the fingers of both the hands of the deceased. The officer placed the hair on white paper and then placed the same in a plastic box and sealed them. He inspected the spot and got photographs taken of the body and the spot. The body was sent for post-mortem. Tiffin box, steel plate, grass, and leaves tied with string items were wrapped in a dupatta which was lying near the body. Then the room and bedding were examined from where some broken pieces of bangles and long hair were found.
The final question for consideration, in this case, was whether it would be appropriate to confirm the sentence of death awarded to the appellant or whether a sentence of life imprisonment would be more appropriate in the circumstances.
JUDGEMENT: Based on these considerations, the hon’ble court believes that the trial judge’s verdict convicting the appellant as stated above should be upheld. However, the appellant’s death sentence under section 302 IPC is commuted to a sentence of life imprisonment, to run for the rest of the appellant’s natural life, subject to a bona fide exercise of the President’s or Governor’s clemency powers or the State’s powers of remission under the appropriate statutory provisions. The remainder of the trial court’s sentences is upheld.
Appeal stands dismissed.
The Reference for confirming the death sentence is also rejected.
JUDGEMENT REVIEWED BY RIYA DWIVEDI