MUMBAI: Observing that there are no injuries on the person of the accused, the Bombay High Court commuted the death sentence of a man, who was convicted for raping and killing a girl. The HC, accordingly acquitted the Thane-based man, a labourer from charges of murder, however, confirmed the conviction under rape.
A bench of Justices Sadhana Jadhav and Prithviraj Chavan was hearing a plea filed by one Ashok Mukane, who was awarded death penalty for brutally killing a girl after raping her.
As per prosecution case, Mukane allegedly raped a young girl, a resident of Asangaon at an isolated place near the local railway tracks and due to her resistance killed her by hitting some blunt object on her head and brushing her head to a rough surface.
The bench, however, while considering of the material on record, noted that there weren't any abrasions or even an injury mark on Mukane's person. It also noted that his clothes too weren't torn, which is a usual case in a forcible rape case.
Establishing a rape case against Mukane, the prosecution had relied upon the DNA reports, and also the strands of the pubic hair found on the zip of the accused.
"It is quite obvious that in a hurry his pubic hairs might have got stuck in the zip of his pant. Even there were no marks of resistance on his clothes, which in normal circumstances i.e had the victim been conscious would have found torn," the bench noted.
"Pubic hair detected in the chain (zip) of Mukane's pant could be the result of hurriedly putting on the pant after committing rape upon the victim," the bench said, adding, "Normally, it sounds improbable that two hair strands of pubic hair would get uprooted and entangled in the zip. It may sound insignificant, however, it is pertinent to note that even the medical evidence clearly indicates that there was forceful rape upon the victim and the overall circumstances clearly indicate that he had, after noticing the victim lying near the railway track, unmindful of the fact whether she was conscious or alive, committed rape upon her."
The bench further considered the fact that there wasn't any catching material on record to prove that Mukane killed the victim.
"There is no cogent and clear evidence brought on record by the prosecution to indicate that it was none other than Mukane, who had inflicted serious injuries on the person of the victim including smothering, compression of neck or hitting on her head with hard and blunt object. It is, therefore, difficult to construe that he was responsible for causing homicidal death of the victim," the bench said.
"We say so as in normal circumstances, had the victim been conscious or alive, she would have definitely strongly resisted him resulting into some scratches or bruises on his person," the bench opined, further adding, "The victim was a young able bodied girl who would not have been easily succumbed to the pressure or the advances by Mukane."
"In the absence of any such marks on his person would lead to drawing an inference or can be deduced that he had committed rape when the victim was either unconscious or was no more," the bench held.
"There is every possibility of committing rape upon the victim when either she was unconscious or there is every possibility of she being brutally assaulted by someone else before she was subjected to rape by him," the judges added.
.png)
