Amit Vs. State of Uttar Pradesh: A crime of rape and murder.

In this 5-minute read, you will learn how a relative of a girl took her away only to be found with her blood-stained frock and his blood stained-shirt. The relative raped the girl and murdered her and the Supreme Court imprisoned him for life.

TITLE

Amit Vs. State of Uttar Pradesh 

CITATION

(2012) 4 SCC 107

COURT

Supreme Court of India

JUDGES/CORAM

Justice A.K. Patnaik and Justice Swatanter Kumar

DATE OF JUDGEMENT

23.02.2012

Introduction

This case was filed as a Special Leave Petition (SLP) under Article 136 of the Constitution of India against the conviction of the Appellant under Section 364, 376, 377, 302 and 201 of the Indian Penal Code (for short `IPC’) as well as the sentences of imprisonments and death awarded by the learned Additional Sessions Judge.

Facts

The facts of the case are as follows: Radhey Shyam, on 19.03.2005 lodged an FIR at the Daurala Police Station in District Meerut at 21:15 hours alleging that while his mother Manno and wife Shakuntala were present at their house, his neighbor Amit, the appellant, took away his three years old daughter Monika, from his house on the pretext that he would give biscuits to her. However, neither his daughter nor the appellant returned. When, at about 5.00 p.m. the Appellant came back to his house, he inquired about the whereabouts of Monika, but the appellant did not reply and ran away. Therefore, the offence under Section 364, Indian Penal Code 1860, was registered against him.

The Appellant was apprehended on 20.03.2005 near the Pawli Khas Railway Station, Modipuram, P. S. Daurala in District Meerut. At this time, the Appellant’s shirt had blood-stains on its right arm and it was taken off from his person. On the statement of the Appellant, the dead body of Monika was found in a plastic bag in a wheat field in the outskirts of the village Palhara, in the presence of Radhey Shyam and Iqbal Singh. A pair of  blood-stained green colored chappals, was also recovered from the corner of the room of the Appellant’s house, on his statement, in the presence of Radhey Shayam and Iqbal Singh.

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The shirt of the appellant and the chappals, frock, underwear of Monika along with a back thread were sent to the Forensic Science Laboratory Uttar Pradesh, Agra, which confirmed presence of human blood and human sperms on some of these materials. After thorough investigation, charge sheet was filed against the appellant under Sections 364, 376, 377, 302 and 201 of IPC, and charges were accordingly framed by the learned Additional Sessions judge.

Issues

The main issue in the case was: Whether or not the appellant should be convicted for the charges mentioned against him under the Indian Penal Code.

Summary of court decision and judgement

The Supreme Court convicted the Appellant for the different offences and upheld the sentences of imprisonment awarded by the Trial Court for the offences. In addition, the Supreme Court converted the sentence of death to life imprisonment for the offence under Section 302 Indian Penal Code and further directed that the life imprisonment shall extend to the full life of the Appellant.

Analysis

In this case, the findings of the Supreme Court were appropriate. The Court appreciated the evidences adduced before the lower courts. The case was decided correctly and justice was done to the parties.

Conclusion

            In such criminal cases, the Court has to look carefully at every stage from the lodging of an FIR, the statements given by the witnesses and the evidence produced before the court. It is not easy to arrive at a decision without getting into the details of the case. Herein, the Supreme Court  looked into every matter in an appropriate manner and arrived at a well justified decision.

                                                                                                                 –END OF CASE COMMENT–

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