Introduction
Two people are charged in the case with brutally murdering a little girl and sexually abusing her. After conducting an investigation, the police determined that the two accused were the culprits. One of them was found guilty by a Sessions Court and handed a death sentence; the other received a life term. A Division Bench of the Delhi High Court, however, did not find the police account credible and exonerated the defendant. In order to oppose the acquittal, the State appealed this ruling and requested special authority to do so.
Background
The young girl was named Anuradha, and she was just four years old. On the morning of September 5, 1992, she was taken away from her mother’s house with due care. The same evening, her mother picked up her dead body at the home of the initial accuser Sunil. The measurements of the impressions found in the infant’s body during the autopsy by the doctor revealed a terrible sexual assault that had been committed on the youngster.
The body was covered with cuts and bruises. The doctor tallied 25 of the most notable of them, describing their locations and sizes for each one. Among them, he saw many oval-shaped abrasions on the left face that looked like bite marks. The youngster’s top and lower lips were severely injured. The doctor also mentions physical signs of forceful handling on the thighs, lower abdomen, and pubic area.
After conducting an investigation, the police charged both of the two suspects (A1-Sunil and A2-Ramesh) with crimes under Sections 364, 376, 377, and 302 read with Section 34 of the Indian Penal Code. The two suspects were detained the next day. Following the trial, the sessions court found both of them guilty of all of the charges against them, condemned A2 Ramesh to death, A1 Sunil to life in prison, and handed down lighter punishments for the other offences.
Issues
- Unfortunately, the Division Bench of the High Court voiced doubts regarding the aforementioned medical report, despite the Sessions Court acting on it and finding it to be credible.
- No court could afford to disregard the doctor’s meticulously detailed report regarding all the characteristics observed during the autopsy on the basis of what another doctor had first scrawled in the MLC.
- When the aforementioned premise is so certain, the court’s duty is condensed to the specific question of whether the two respondents were the rapists or if there was any room for doubt.
Judgement
The trial court determined based on those facts that both respondents are guilty of murder, rape, and an unnatural crime, and that A1 Sunil is also guilty of kidnapping the child for murder. As a result, the trial court found both respondents guilty and gave them the aforementioned sentences.
Because of this, the Supreme Court stated that it had no doubt that the trial court had reached the proper judgement that the two respondents were the rapists who had subjected Anuradha to such barbaric ravishment after reviewing all of the material in this case.
Since the High Court’s justifications for interfering with the trial court’s proper decision were so flimsy, the Division Bench of the High Court committed a grave error.
In accordance with Sections 376 and 377 read along with Section 34 of the IPC, the court reinstated the conviction made by the trial court. The respondents received the highest penalty possible under the relevant counts—life in prison—from the trial court. There is no reduction in that sentence appropriate given the facts of the case. Despite the fact that it is superfluous to impose a penalty under Section 304 Part II of the IPC given the respondents’ life sentences under the other two counts, we condemn the respondents under that section as well.
Conclusion
The Supreme Court’s three-judge panel’s verdict is favourable. The Committee started a much-needed investigation of the circumstances that led to the Delhi riots in 2020. The Court’s ruling enables the Committee to carry on in that vein. It’s significant that the Committee is free to assess Facebook’s contribution to the rioting. An investigation into whether Facebook purposefully encouraged the dissemination of hate speech on its platform was necessary in light of the revelations made in the aforementioned Wall Street Journal story. Prior to this, on August 17, 2020, IFF had requested in writing that the Parliamentary Committee call a meeting with Facebook’s top management. As previously indicated, Mr. Mohan was summoned by the Parliamentary Committee and showed up as scheduled.
Reference
- State Govt. of NCT of Delhi Vs. Sunil and Another, 2001 Cri.L.J. 504
This article is written by Varsha Gond of Rajiv Gandhi National Law University, an intern under Legal Vidhiya
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