Indian Penal Code,1860  - Section 376 , Section 302 , Section 392

Rape, murder and robbery - Conviction and sentence - Sentenced to death by hanging - High Court confirmed - Conviction and death penalty - Appeal - Death of victim was homicidal - Amply proved by the Post mortem report - Death was due to asphyxia - Smothering and evidence of violent sexual intercourse and attempted strangulation - Evidence of P.W.2, minor son of deceased - Clearly depicted the manner - After returning from playing - He found the appellant - Coming out of the room - Identified the accused in T.I. Parade in Court room - P.W.2 was corroborated by P.W.10, P.W.11 further corroborated the presence of the accused at the time of the incident - Forensic report and Finger Print expert established - Finger prints lifted from the handle of the steel almirah in the room, matched the finger print of the appellant - Clearly established his presence - Inside the house of the deceased - Conviction of the appellant u/sec. 376, 392 and 302 IPC confirmed - Further, the offences committed and merciless manner - Rarest of rare cases - Merits death penalty - Trial Court and confirmed by the High Court - Death sentence confirmed - Appeals dismissed.

Found In:  Topic Index, Imp. Decision, Judgement