"Shows Depraved Evil Mentality": Delhi HC Upholds Gang-Rape & Murder Conviction, Modifies Sentence To Rigorous LI Without Remission

In connection with the gang rape and murder of a woman in 2012 whose body was found in semi-naked condition, the Delhi High Court today modified sentence of two convicts to rigorous imprisonment for life not less than 20 years without remission.

The Court also upheld the Trial Court's sentence of rigorous imprisonment for life for gang rape and rigorous imprisonment for a period of three years for the offence of causing disappearance of evidence and giving false information.

A young female's dead body (aged 24-26 years) was found lying in a semi naked condition, blood oozing out from the mouth, nose and ears of the body and injury marks all around the face. Upon arrest, the two accused had pointed out the place of incident near city's Nehru Stadium where they had gang raped the woman in a car.

On the basis of the disclosure of one of the convicts, the police team went to his village and recovered two small rings and a car. The TIP of the recovered case property was conducted where the husband of the deceased identified her purse and slippers and confirmed it during his testimony before the Trial Court.

The Trial Court had then convicted and sentenced the two in 2017 under sec. 302 and 34 of Indian Penal Code for rigorous imprisonment for life (not less than 20 years); under sec. 376 (2)(g) for rigorous imprisonment for life and under sec. 201 for rigorous imprisonment for a period of three years.

Dealing with their appeals, a division bench headed by Justice Mukta Gupta today said that from the nature of injuries in the post mortem report of the deceased, it was evident that she had put up a brave resistance before the convicts who overpowered her physically, caused grievous injuries on her body, raped and eventually strangulated her.

The Bench, also comprising of Justice Anish Dayal further noted that the convicts attempted to erase the evidence by dumping the body on the roadside and extracted her belongings and put them in different locations.

"Considering the brutality of the act right in heart of Delhi which is usually patrolled by police shows the depraved evil mentality of the appellants, who acted with complete impunity with no fear of either the life or consequence of their act and dignity of the deceased victim," the Court said.

Notwithstanding the fact that the Trial Court did not have the power or jurisdiction to grant life sentence of more than 14 years, the Court said that having appreciated the facts and circumstances of the case, notice was issued to the two convicts to show cause as to why their sentence should not be fixed for a period of more than 14 years.

"Having considered their submissions in person and through counsel on the issue of sentence, this Court, in exercise of jurisdiction conferred and clarified by the Hon'ble Supreme Court in Sriharan (supra), sentences the appellants for life imprisonment of not less than twenty years without remission for offence punishable under Section 302/34 IPC taking into account the gravity of the crime and in exercise of judicial conscience befitting such offence," the Court said.

The Court observed that the prosecution was able to prove its case beyond reasonable doubt, thereby upholding the impugned judgment on conviction by the Trial Court.

"The order on sentence by the learned Trial Court is modified to the extent that life sentence for the offence punishable under Section 302/34 IPC will be for rigorous imprisonment for life not less than 20 years without remission. The rest of the sentence for offence punishable under Section 376(2)(g) IPC and 201 IPC shall remain the same as awarded by the Learned Trial Court. The appeal is accordingly disposed of as per directions stated above," the Court ordered.

Case Title: SIKANDER SONI AND ANR v. STATE

Citation: 2022 LiveLaw (Del) 827

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