ASHOK Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a very unfortunate case. The victim of the offence was ten years old at the time of the incident. On 27/5/2009, around 9.00 a.m., she and her first cousin, PW-2, had gone to a pasture to graze her goats. The age of PW-2 was seven years at that time. As the victim was thirsty, she went near a tubewell cabin. The appellantaccused was working as an operator of the tubewell appointed by the owner of the tubewell. The victim requested the appellant to provide drinking water. The allegation of the prosecution is that, with evil intentions, the appellant took her inside the cabin. He committed rape on her and, after that, murdered her. According to the prosecution's case, PW-2 saw the appellant forcibly taking the victim inside the cabin and raping her. By 11.00 a.m., PW-2 returned to PW-1, the victim's father. PW-1 was the uncle of PW-2. After PW-2 narrated the story to PW-1, he went to the tubewell cabin to find the victim and found the dead body of the victim hidden in a haystack in that cabin. On being questioned by PW-1, the appellant fled from the spot and thereafter, PW-1 registered the First Information Report.

(2.) The Trial Court, by judgment and order dtd. 24/12/2012, convicted the appellant for the offences punishable under Ss. 376, 302 and 201 of the Indian Penal Code (for short, 'the IPC'). The Trial Court also convicted the appellant under the provisions of Sec. 3 (2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the SCST Act'). The Trial Court imposed capital punishment.

(3.) The High Court heard the reference under Sec. 366 of the Code of Criminal Procedure, 1973 (for short, 'the CrPC') with an appeal preferred by the appellant. Though the High Court confirmed the conviction, the death penalty was set aside and the appellant was sentenced to undergo life imprisonment for the remainder of his natural life subject to the exercise of powers of grant of remission or grant of clemency by the constitutional functionaries.