AIROnline 2018 All 4918

Allahabad High Court

Hon'ble Judge(s): Ritu Raj Awasthi, Mahendra Dayal , JJ

(A) Penal Code (45 of 1860) , S.376(2)(g), S.302, S.201— Evidence Act (1 of 1872) , S.3, S.11— Rape on minor - Rarest of rare case - Circumstantial evidence - Allegations that accused persons committed gang rape on minor and thereafter killed by strangulation - Prosecution witnesses deposing accused persons lastly seen near place of occurrence - Failure on part pf accused to prove plea of alibi taken by him -Medical evidence establishing more than one person committed rape on victim and cause of death due to strangulation -Body of minor recovered from field and was in naked condition - Chain of circumstances, established - Conviction, proper. (B) Penal Code (45 of 1860) , S.53, S.376(2)(g), S.302— Capital punishment - Gang Rape on minor - Rarest of rare case - Material on record showing accused persons committed murder in extremely brutal manner after committing gang rape - Medical evidence reveling gang rape committed on minor and death caused due to strangulation - Order of Capital punishment i.e. Death sentence, proper. .....