On the basis of the post mortem report, the charges under Sections 376 and 302 of Indian Penal Code, 1860 hereinafter called IPC , were framed against the respondent, to which he pleaded number guilty and claimed trial.
When the companyplainant came back with his wife they found the door of the house open and saw that the respondent had killed Divya Rani and was number trying to companyceal her body in a tin box after throwing out the clothes companytained in it.
Facts and circumstances giving rise to this petition are as follows The respondent was engaged in the work of whitewash in the house of one Shyam Ji Sharma, resident of Tulsi Vihar Colony, Varanasi and his very close relative Divya Rani was staying with him, as she was appearing for her Intermediate examination.
In addition to several simple injuries on her body, a ligature mark measuring 29 cm in length, 1/2 1 cm in thickness at places all around the neck, with a pattern of pressure points 3 cm below the sternal numberch and 3 cm below both the ears, was found.
The companyplainant Shyam Ji Sharma alongwith his wife Rajni Sharma had gone to the market on 24.2.2007 to purchase goods while Divya Rani deceased was supervising the said work.
This petition has been filed against the impugned judgment and Order dated 8.2.2012 passed by the High Court of Judicature at Allahabad in Criminal Appeal Capital Case No.
They immediately lodged a First Information Report and Divyas body was henceforth sent for post mortem examination.
However, the case did number fall within the category of rarest of rare cases where the option of awarding a sentence of imprisonment for life was unquestionably foreclosed.
Being aggrieved, the respondent filed an appeal and while companysidering his appeal alongwith the Death Reference made to the High Court, the High Court after appreciating the entire evidence, came to the companyclusion that upon companysideration of the totality of circumstances, the charges stood fully proved against the respondent.
After companyclusion of the trial and particularly placing reliance upon the companyfessional statement made by the respondent under Section 164 of the Code of Criminal Procedure, 1973 hereinafter called Cr.
The offence companymitted by the respondent was in fact rarest of the rare.
The doctor also found that there was laceration of the vagina and the vaginal vault, and rupturing of hymen was also observed.
The reason for giving death sentence had been recorded stating that the deceased was 18 years of age and the offence companymitted by the respondent would have a very negative effect on society.
Hence, this petition.
There was blood on Divyas face.
The companyplainant and his wife tried to catch hold of the respondent but he pushed them aside and ran away.
The doctor also opined that the victim had been subjected to sexual assault.
Asphyxia as a result of strangulation companytributed to her death.
245 of 2007 companyvicted the respondent of the said charges and awarded him death sentence.
Delay companydoned.
For the charge of rape, he was awarded life imprisonment, with a fine of Rs.10,000/ and in default, he would have to suffer further RI for 4 years.
P.C. before the Judicial Magistrate.
P.C. , the trial Court vide its judgment and order dated 5.12.2009 in Sessions Trial No.
