STATE Vs. RANJEET

JUDGEMENT

(1.) The post-mortem report Ex.PW-5/B of deceased Rakhi aged 5 years, proved at the trial by the author thereof Dr.S.Lal PW-5, not only proves that Rakhi was raped but also the fact that she was strangulated to death. A vaginal tear extended to the anus of the unfortunate young girl. 15 other injuries, most of them around the neck, had tell tale sign of nail marks evidencing the young girl being manually strangulated. Muddy water had reached the bronchiole, establishing that the young girl had died due to asphyxia not resulting from manual strangulation but from drowning. Indeed, Sh.Rajesh Mahajan learned counsel for the accused Ranjeet did not dispute that Rakhi was raped and an attempt was made to manually strangulate her to death and when the body became lifeless, not realizing that there was some life in Rakhi, her body was thrown in muddy water and the final cause of death of Rakhi was by drowning.

(2.) What was debated before us was whether it stands proved that the appellant is the rapist and the murderer of Rakhi as held by the learned Trial Judge and if yes, whether the appropriate sentence should be death penalty.

(3.) Vide impugned judgment and order dated 10.2.2010, Ranjeet has been convicted for the offence of having kidnapped Rakhi from near her house at around 9:00 PM on 3.9.2007 and thereafter committing rape upon Rakhi followed by murdering her. Vide order dated 3.3.2010, Ranjeet has been sentenced to death.