STATE OF MAHARASHTRA Vs. CHANDRABHAN SUDAM SANAP

JUDGEMENT

(1.) An incident of rape and fatal assault that occurred in the National Capital on 16th December 2012 which involved a 23 year old physiotherapist intern, shocked the conscience of the whole nation. The incident generated widespread national and international coverage and was widely condemned both in India and abroad. There was unrest and public protest in the capital which was followed in several major cities in its own way. Social networking sites were put to use to raise a demand of strict law against rape. This resulted into constitution of a three Member Committee on 23rd December 2012 headed by the Former Chief Justice of the Supreme Court Justice J.S. Verma to recommend amendments to the Criminal Law so as to provide for speedy trial and enhance punishment for offence of sexual assault against woman. The said Committee submitted its report on 23rd January 2013. Sensing the urgency and to subdue the wide uproar amongst the general public, the Criminal Law (Amendment) Ordinance 2013 was promulgated on 3rd February 2013. This was followed by the Departmentrelated Parliamentary Standing Committee on Home Affairs tabling its report recommending amendments to the criminal law. After obtaining the assent of the President on 2nd April 2013, the Criminal Law (Amendment Act) 2013 was brought into force, which sought to amend the Indian Penal Code, Code of Criminal Procedure 1973, the Indian Evidence Act, 1872, and also the Protection of Children from Sexual Offence Act, 2012.

(2.) The prosecution case, as unfolded, discloses that Ms.Esther Anuhya, aged 23 years, on completion of her B-Tech Degree course, was recruited as a Software Engineer in TCS in Goregaon at Mumbai. The deceased was a resident of Machilipatnam, Andhra Pradesh and had completed her graduation from Kakinada. On acquiring a degree, she shifted to the city of Mumbai and was residing in YWCA Hostel for Women in Andheri.

(3.) On a complaint being lodged, the Investigating machinery was set into motion by the Kanjur Marg Police Station. The spot panchnama was drawn in presence of panch witnesses. A broken wrist watch of Fast Track Company, knicker and a pad, one pink colour T-shirt of 'M' size, one scarf of slate colour with white dots, one mobile phone containing two sim cards, and a tuft of hair were found lying on the spot and all the said articles were seized by drawing a panchnama. The same were forwarded to the Forensic Laboratory. A map of the spot came to be drawn and it reveals that the said spot is at a distance of approximately 8.90 metres from the Service Road adjoining to the Eastern Express. The Forensic Personnels who reached the spot also collected the samples of soil, dry grass and oily grass at the place of incident. The photographer was also summoned who clicked the photographs of the spot along with the photographs of the body of the deceased. Inquest Panchnama was drawn in presence of panch witness and it divulged that the body was in a partly burnt condition and on the chest portion, there was a black brassiere which was also partly burnt. The portion of abdomen was completely burnt, whereas the private parts and adjoining parts were found to be partly burnt.