‘Inhuman violence’: Chhattisgarh High Court upholds man’s life term for raping, killing destitute woman

Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal emphasised that the criminal justice system must send an unequivocal message that crimes of such a heinous nature will be met with strict consequences.

The high court, on April 21, pointed out in its order that the victim, a “mentally unsound, destitute, and helpless” woman, was entitled to the same constitutional protection of life and dignity as any other citizen.

The high court was hearing the appeal of the accused, challenging the trial court’s November 2023 order awarding life imprisonment till natural death for sexually assaulting and killing a woman in 2022.  

‘Same constitutional protection’

• The Chhattisgarh High Court mentioned that the case reveals extreme brutality wherein a mentally unstable and helpless woman was targeted, dragged, and sexually assaulted in a barbaric manner, leading to death. 
• The court noted that such conduct reflects depravity of the highest order and gross inhumanity.
• It added that the law does not countenance such acts and instead treats them as aggravated offences warranting a stern judicial response.
• The absence of resistance or inability to offer meaningful consent in such circumstances further aggravates the culpability of the accused.
• The court emphasised that the criminal justice system must send an unequivocal message that crimes of such a heinous nature will be met with strict consequences.
• It was further mentioned that the punishment imposed must not only be proportionate to the gravity of the offence but must also serve as a “deterrent to potential offenders”. 
• Any leniency in such cases would amount to a failure of justice and would undermine public confidence in the judicial system.
• The Chhattisgarh High Court directed the accused to complete his jail term since he is already in prison. 

‘Circumstantial evidence’

• The Chhattisgarh High Court referred to Sir Alfred Wills’ words in his “admirable” book “, Wills’ Circumstantial Evidence” (Chapter VI), which lays down the rules specially to be observed in the case of circumstantial evidence. 
• The court found that the surrounding circumstances, including the CCTV footage, medical evidence, and conduct of the accused, clearly establish his motive. 
• The court confirmed that the chain of circumstances is complete and unbroken, leading to the only irresistible conclusion that it was the accused who was last seen with the victim and caused the injuries leading to her death. 
• The Chhattisgarh High Court found that the prosecution had proved its case beyond a reasonable doubt, and the trial court had rightly convicted the accused. 

A victim, assault and death 

The prosecution’s case was that the victim was a mentally unstable woman aged about 55 years, who used to reside in a vacant shed situated near a grocery store and survived by wandering around. 

It was further added that she was occasionally provided food and water by one person. Her parents had predeceased her, and she had no known guardian. 

It was further claimed that on April 5, 2022, at about 11:30 am, a volunteer at the community health centre (CHC) submitted a written report along with a hospital intimation regarding the unnatural death of an unidentified woman. 

Based on the said information, a case was registered, and an inquiry was set into motion. 

During the course of inquiry, CCTV footage obtained from the said store revealed that in the intervening night at about 1:00 a.m., the accused was seen apprehending the victim and dragging her towards a secluded place. 

The footage further disclosed that at about 2 am, the accused was dragging the victim by her hair and thereafter assaulted her by forcefully striking her head against a stone and delivering blows on her face, particularly near the eye region. 

As a consequence of such assault, the victim sustained grievous injuries, leading to brain haemorrhage and excessive intracranial bleeding, ultimately resulting in her death at about 10:30 am on April 5, 2022. 

‘Failed to establish case’ 

Representing the petitioner, advocate Chitendra Singh contended that the prosecution has failed to establish its case beyond a reasonable doubt, and the findings recorded by the trial court suffer from serious infirmities arising out of a misappreciation of evidence.

It was also submitted that the trial court has failed to properly appreciate the evidence brought on record, including material omissions and contradictions elicited during the cross-examination of prosecution witnesses. 

It was added that the conviction rests merely on conjectures and surmises rather than on cogent and reliable evidence. 

‘Last seen with victim’

Deputy government advocate Saumya Rai submitted that the “last seen” evidence supported by CCTV footage, duly proved through electronic evidence, clearly establishes that the victim was last seen alive in the company of the accused, who was seen brutally dragging her in the dead of night. 

It was further added that the testimony of the medical expert conclusively establishes that the victim sustained grievous injuries, which are consistent with forcible sexual assault and homicidal violence. 

It was also highlighted that the barbaric nature of the act, coupled with the vulnerability of the victim and the brutality inflicted, squarely brings the case within the category of heinous offences warranting a strict judicial response.