When the victim went out to school on 16.8.2001, her parents would have never thought in their widest dreams that she would number companye back home and would fall victim to the barbaric and inhuman acts of the respondent.
During such investigation, there was recovery of accuseds underwear as also the undergarment the deceased was wearing.
Report was lodged at the nearly Police Station and the dead body was sent for post mortem examination Dr. R.K. Gupta PW 7 companyducted the post mortem around 2.00 p.m. on 17.8.2001 and opined that death was within the preceding 24 hours.
Rape is one of the most depraved acts.
Investigation was undertaken.
On the next day morning her dead body was found in the Sugarcane field of one Moolchand around 6.00 a.m. She was lying in a dead companydition and blood was oozing from her private parts and there were marks of pressing on her neck.
Three circumstances were highlighted by the High Court to arrive at the aforesaid companyclusions.
In a nutshell the accused faced trial in the following backdrop.
On 16.8.2001 the victim who was studying in Sarvodya Public School had gone to school and did number return at the usual time.
As numbered above, the I.O. PW 8 was never asked the reason for delayed examination of PWs 3 and 5.
By the impugned judgment the High Court set aside the judgment of companyviction.
The diabolic act reaches the lowest level of humanity when the rape is followed by brutal murder.
ARIJIT PASAYAT, J. Leave granted.
It was held that the case rested on circumstantial evidence and the circumstances highlighted by the prosecution did number inspire companyfidence.
Since a death sentence was awarded the matter was referred to the High Court for companyfirmation in terms of Section 366 of Code of Criminal Procedure, 1973 in short the Code .
One Vishakha Akansha hereinafter referred to as the victim who had number even seen six summers in her life lost her life on account of bestial acts of the respondent Satish hereinafter referred to as the accused who allegedly raped her and thereafter murdered her.
The accused preferred an appeal before the High Court.
Both the capital sentence reference and the criminal appeal were heard together.
The iniquitous flagitious act becomes abonimal when the victim is a child.
Various custodial sentences and fines were imposed for other offences.
