SHATRUGHNA BABAN MESHRAM versus STATE OF MAHARASHTRA

Citation: [2020] 13 S.C.R. 1 · Decided: 02-11-2020 · Supreme Court of India · Bench: UDAY UMESH LALIT · Disposal: Case Partly allowed

Cited by 1 judgment(s) · cites 37 · see the full citation network in Lexace

Judgment (excerpt)

A
B
C
D
E
F
G
H
1
   [2020] 13 S.C.R. 1
1
SHATRUGHNA BABAN MESHRAM
v.
STATE OF MAHARASHTRA
(Criminal Appeal Nos. 763-764 of 2016)
[UDAY UMESH LALIT, INDU MALHOTRA AND
KRISHNA MURARI, JJ.]
Penal Code, 1860 – s.376(1), (2)(f), (i), (m), s.376-A and s.302
– Protection of Children from Sexual Offences Act, 2012 – s.6 –
Rape and murder of a minor girl – A two-and-a-half-year-old girl
was subjected to sexual assault by her maternal uncle – The assault
was accompanied by bites on the body of the victim – The rape was
of such intensity that there was merging of vaginal and anal orifices
of the victim – The victim was taken to PW-6-doctor for medical
attention but she was already dead – The Trial Court found
circumstances establishing the guilt of the appellant-accused – The
Trial Court held that the case was rarest of rare, one warranting
imposition of death sentence – Thus, the Trial Court by its order
awarded death sentence to the appellants on two counts, i.e. u/
s.302 of IPC and u/s.376-A of the IPC; rigorous imprisonment for
life under two counts, i.e. s.376(1)(2)(f), (i) and (m) of IPC and u/
s.6 of POCSO Act – The High Court affirmed the conviction and
the sentence passed by the Trial Court – On appeal, held:  According
to the prosecution, on the day in question at about 7:30 p.m. when
the victim was with her grandfather, on the pretext that the father of
the victim had asked the appellant to bring the victim, the appellant,
who was maternal uncle of the victim, took her away, this part is
conclusively established through the testimony of PW-2, the
grandfather – As deposed by PWs 1 and 2, the appellant was found
by the side of the victim at the spot – The victim was having various
injuries whereafter she was taken for medical attention – Soon after
incident appellant was also medically examined and injuries were
found on his private parts – The proximity in terms of time and the
promptitude in reporting are crucial factors and the evidence in
that behalf is completely trustworthy – The approximate time of the
injury of the appellant as given in report is consistent with the case
NOVEMBER 02, 2020
A
B
C
D
E
F
G
H
2
SUPREME COURT REPORTS
[2020] 13 S.C.R.
of prosecution – The pant of the victim was found at the spot of
incident is well established – In terms of chemical analyser’s report,
the blood found on the trousers of the appellant was that of victim
– This fact is also completely established – And it is a matter of
record that as per post-mortem report and medical opinion, there
was forceful sexual assault on the victim and her death was caused
due to injury which was in nature of multiple lacerations over vaginal
and anal region; and merging of vaginal and anal orifices – All
these circumstances stand proved beyond any doubt and by
themselves constitute a conclusive and consistent chain excluding
every other hypothesis except the guilt of the appellant – The
appellant is thus guilty of having committed offences punishable
under clauses (f), (i) and (m) of sub-section (2) of s.376 of IPC;
and also, under clauses (j) and (m) of s.5 r/w s.6 of the POCSO Act,
(as it stood before it was amended by Act 25 of 2019) – Since
according to medical opinion, the death was because of sexual
assault, the appellant is also guilty of having committed offence
punishable u/s. 376A of IPC.
Penal Code, 1860 – ss.299, 300 and s.302 – Rape and
murder of a minor child – A two-and-a-half-year-old girl was
subjected to sexual assault – Her death was caused due to injuries
received during that assault – Whether such an act on part of the
appellant comes within the parameters of ss.299 and 300 of IPC
and whether he is guilty of having committed culpable homicide
amounting to murder – Held: Considering the age of the victim in
the present case, the accused must have known the consequence
that his sexual assault on a child of two-and-a-half-year-old would
cause death or such bodily injury as was likely to cause her death
– The instant matter thus comes within the parameters of clause
fourthly to s.300 IPC and the question posed on this issue must be
answered against the appellant – The appellant is therefore guilty
of having committed the offence of culpable homicide amounting to
murder.
Sentence/Sentencing – Rape and murder of a minor girl – A
two-and-a-half-year-old girl was subjected to sexual assault by her
maternal uncle – Her death was caused due to multiple injuries she
received during such assault – The Trial Court found that
circumsta

Excerpt shown. Read the full judgment & AI analysis in Lexace.