On a morning in the month of May, the victim, a deceased deaf and dumb girl of only five years of age had disappeared while playing near her house. Consequently, her father had filed a FIR under Sec. 363 of the IPC against some unknown persons suspected of having abducted the child.
On investigation, the police found out from the mother of the two of the accused that her juvenile son had informed her of murdering the girl child and keeping her body in the house itself. She also stated later that the third accused person had hidden the dead body in a muddy canal besides the railway station. They also found from the third accused person that the first accused had brought the girl home, gagged her and committed rape on her.
The body of the victim child was found at the said place and was identified by her father. During further investigation, the first accused revealed the entire chain of events of the crime. He stated his disturbing plan of abducting the girl and later raping her followed by her brutal murder.
All the accused persons while alleging false implications, pleaded their innocence. The Trial Court relied on various pieces of evidences and concluded by sentencing the accused persons to undergo different periods of sentence in accordance with the charges proved against them. Subsequently, the accused persons filed a criminal appeal against this order of conviction of the Trial Court. On the other hand, the State filed a reference for confirming the sentence of the court under section 366 of CrPC.
The High Court Bench of Chattisgarh rejected all the contentions raised by the Appellants and while dismissing the appeal, upheld and confirmed the death sentence awarded by the Trial Court towards the first accused. The court made reference to the principle of the rarest of the rare cases and considered the heinous nature of the crime of raping and murdering a deaf and dumb girl child.
The Court held that the accused was an acquaintance of the victim and had by his act betrayed the trust and confidence of the family of the deceased. It took into account the depraved and shameful manner in which the offence was committed and stated its satisfaction of the present case falling within the ambit of the rarest of the rare cases, thus confirming the death sentence.
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Link for Judgement: State of Chattisgarh v. Ram Sona