Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 - ss.302 & 376 - Conviction of appellant- accused uls. 302 - If justified - Appellant convicted for raping and murdering the victim by dropping/pushing her out of the running train |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code,1860 - ss.302 & 376 - Conviction of appellant- accused uls. 302 - If justified - Appellant convicted for raping and c murdering the victim by dropping/pushing her out of the running train - As per medical evidence, the death of deceased was occasioned by a combination of injury no. 1 and 2 and complications arising therefrom including a~piration of blood into air passages resulting in anoxic brain damage on account of the deceased having D been kept in a supine position for purpose of sexual assault - Held: Appellant is liable for injury no. 1 however not for injury no.2 which was occasioned by the fall of deceased from the running train as in terms of evidence of witnesses the deceased herself jumped out of the train - To hold an accused liable uls. 302 an intention to cause death or knowledge, is required on his part, that his act was likely E to cause death - However, as deposed by the Doctor, the illlention of the appellant in keeping the deceased in a supine position was only for the purpose of sexual assault - Requisite knowledge that in the circumstances such an act may cause death, also cannot be attributed to the appellant - Hence, offence uls. 302 not made out against appellant - Conviction u/s. 302 set aside and altered to one F u/s. 325 along with RI for 7 years - Penal Code, 1860 - ss. 3941 3971447. G H Penal Code, 1860 - s.376 - Rape - As per the DNA typing, the seminal stain on victim '.1ยท vaginal swab and vaginal smear belonged to the appellant- Fur1he1; blood of victim found in clothing of the appellant, i.e. pants. underwear and shirt - Offence committed on deceased after she suffered extreme injuries occassioned by fall from running train - Held: There can be no manner of doubt that it is the appellant who had committed the o,ffence uls. 376 in a most brutal and grotesque manner - Conviction of appellant confirmed uls.376 and hence life sentencg awarded by trial court anconfirmed by High Court, upheld. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2016 INSC 870 |
Petitioner | Govindaswamy |
Respondent | State Of Kerala |
SCR | [2016] 9 S.C.R. 342 |
Judgement Date | 2016-09-15 |
Case Number | 1584-1585 |
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