STATE Vs. JYOTISH PRASAD AND ANR.

JUDGEMENT

(1.) THESE appeals and the death sentence reference arise out of the judgment dated 02.08.2008 and the order on sentence dated 11.08.2008 passed by the learned Additional Sessions Judge, Patiala House Courts, New Delhi in Sessions Case No. 19/2004 arising out of FIR No. 112/2004 registered at police station IGI Airport. By virtue of the impugned judgment, the appellants Jyotish Prasad and Ashish Kumar Kapri have been convicted under Sections 394/302/201/34 IPC as well as under Section 376(2)(g) IPC. The learned Additional Sessions Judge, by the impugned order on sentence, imposed the extreme penalty of death sentence on both the appellants in respect of the offence of murder punishable under Section 302 IPC. With regard to the conviction under Section 394 IPC, the appellants were sentenced to undergo rigorous imprisonment for 10 years each and also to pay a fine in the sum of Rs 1,000/ - each and in default of the payment of such fine, they were to undergo simple imprisonment for one month each. With regard to the offence under Section 201 IPC, the appellants were sentenced to undergo rigorous imprisonment for seven years alongwith a fine in the sum of Rs 1,000/ - each. In default of payment of fine, they were required to undergo simple imprisonment for one month. As regards their conviction under Section 376(g) IPC, the appellants were directed to undergo imprisonment for life as also to pay a fine in the sum of Rs 1,000/ - each and in default thereof to undergo simple imprisonment for one month.

(2.) THE prosecution case is that in the early hours of 17.03.2004, Ms Dawn Emelie Griggs aged about 60 years, an Australian citizen, arrived at the Indira Gandhi International Airport (hereinafter referred to as =IGI Airport') from Hongkong on board Flight No. CX -753. At the said airport, she took a taxi bearing No. DL -1T -2248 from the prepaid taxi booth at about 2.30 a.m. The driver of this taxi is alleged to be the appellant Jyotish Prasad. The allegation is that the appellant Jyotish Prasad alongwith the appellant Ashish, who is also a taxi driver, were already planning to loot some passenger. The allegation goes further that when the appellant Jyotish Prasad had taken the said Ms Griggs in his taxi, she appeared to be an easy prey. After driving a short distance, the appellant Ashish was also admitted into the taxi by the appellant Jyotish Prasad. Thereafter, they took the taxi onto an unpaved (kachha) passage towards the jungle around the airport area. On this, Ms Griggs started shouting. It is alleged that Ashish caught hold of her and gagged her mouth with a piece of cloth which was in the taxi and which was used for cleaning purposes. The prosecution case goes further in that the appellants stopped the taxi near a well in the jungle and snatched her waist purse. She was then taken out from the taxi and dragged near the bushes and thereafter, raped by the appellants one by one. Thereafter, the appellants used a screw driver which was available in the taxi and caused injuries on her person. They throttled her by pressing her neck and also by gagging her and thereby killed her. It is further alleged that they took out the luggage of the deceased from the taxi, opened the same and searched through her luggage for valuables. They took out the currency and travellers cheques, etc. from the bags which they threw in a dry well nearby and then disappeared.

(3.) AFTER sometime, the crime team reached the spot and photographed the dead body, place of incident and the surrounding areas. Photographs of the bags taken out from the well were also taken. The site was inspected by the crime team members and they also inspected the plastic bottle and other articles. The finger print team also reached the spot and they lifted finger prints from the glass, one plastic lunch box and from one bottle of plastic and from the polythene pouch and a folder after taking the same out of the bags. The articles which were recovered were sealed in parcels with the seal of JLM and seizure memos were prepared. Blood stained earth and earth control were also lifted from the spot and were sealed separately with the seal of JLM (initials of the investigating officer) vide separate seizure memos Exhibit -PW -2/C.