Case: Amrit Singh Vs. State Of Punjab

On 3.11.2003 in the evening, the deceased Raj Preet Kaur @ Guddi, who is a student of IInd Standard has gone to the house of her classmate Amarpreet Kaur, daughter of Gurbax Singh, a cousin of the complainant. The house of the said Gurbax Singh was situated in the revenue estate of Ramgarh, Village Shahpuria. At about 5.00 p.m., the deceased allegedly left the house of Gurbax Singh for her own house. She was accompanied to some extent by Amanpreet. When she crossed pakka water house, Amarpreet left her on her own. When the deceased did not reach her house, search was carried on. Some persons then found her dead body in the agricultural field belonging to Appellant situated in front of his house. The dead body was found near a Neem tree and some cotton crop were found near the dead body. Some dry leaves were found in her hair. In her hand some streads of human hair were also noticed. It was fully smeared with blood. The father of the deceased on seeing the dead body called his brother Baldev Singh and leaving him at the spot, started for the police station to inform the police and to lodge a report. He met PW-8 S.I. Joginder Singh at the bus stand of Village Maghania on 4.11.2003. His statement was recorded, on the basis of which a formal First Information Report was lodged. The Investigating Officer prepared an inquest report. It was found that in the hands of the deceased some human hair was also found. A post mortem examination was conducted by PW-1 Dr. Reshamchand Singh.3. PW-2 disclosed that he had seen the deceased in the company of Appellant at about 5.45 p.m. He was in his agricultural field and he came to know about the incident only at about 8.00 a.m. on the next day. Appellant was arrested on 12.11.2003 at a bus stop of Village Sher Khan before PW-8 Joginder Singh. He was produced before the Investigating Officer by Shri Karamjeet Singh, Panch. An application was filed by the Investigating Officer in the Court of Judicial Magistrate for obtaining specimen of the hair of Appellant but he refused to give any such specimen of hair. He made a statement before the Court which was recorded. It was marked as Exhibit PO/I.4. The prosecution in order to prove its case examined eight witnesses. PW-1 Dr. Resham Chand Singh proved the post-mortem report Exhibit PB. In his evidence, helength of the body was 122 cm. long dead body of 7-8 years of female, child wearing yellow shirt, white bunyan, legs stained with blood. Bleeding from vulva, dry leaves in the hairs, mouth open and froth trickling out from left angle. Eyes closed. Body in state of rigor mortis. Multiple marks of contusions and abrasions on the anterior bild of neck with a large contusion over the fold of neck transverse in direction. Face also have some abrasions. Abrasions over elbows, knuckle present. These were all ante mortem in nature. Condition of subject was stout. Public and Axillary hair not grown. No development of breasts. Impression of teeth in the lips.Although external injuries were found on the neck which were said to be the cause of death of the deceased, according to the doctor, the death took place because of loss of blood. It wasloss of blood may cause shock and death. Normally in a child of 6-7 years age there may be about 2 liters blood in body. On examination of injuries it was found that more bleeding from the injury has caused the death. In this case more than half liter blood had oozed...Karamjit Singh, father of the deceased examined himself as PW-2. He supported his statements made in the First Information Report. PW-3 Gurmail Singh, was a resident of the same village i.e. Village Ramgarh Shahpuria. He categorically stated that at about 5.45 - 6.00 p.m., he found that the deceased was catching a finger of Appellant but at that point of time he did not think of anything. He remained in his agricultural field for the purpose of watering the same. He came back to the village on the next morning at about 8.00 a.m. and then came to learn that the deceased was raped and murdered after strangulation. He, therefore, having seen them together formed an opinion that Appellant must be the person who raped and murdered the deceased. In his cross-examination, he categoricallytold to the Thanedar that Amrit Singh accused was going by holding the finger of Rajpreet Kaur...".It was not suggested to him that he had any enmity with Appellant. His evidence that the deceased was last seen with Appellant, therefore, remain uncontroverted.8. PW-6 is Dr. Sharad Kumar, Medical Officer, In charge Mini PHC. Beero ke kalan. He examined Appellant on 13.11.2003. Hewas nothing abnormal found which can suggest that the accused cannot perform sexual intercourse. He was physically and medically fit...PW-8 is the Investigating Officer. The witnesses stated that on the day on which the First Information Report was lodged, the house of Appellant was raided, but it was found locked and thus he could not be arrested. As regards the arrest of Appellant, his statements are as12.11.2003 in connection with investigation I along with other police officials was present at Bus stop of V. Sher Khan, where accused Amrit Singh now present in Court was produced before me by Karamjit Singh Panch. The personal search of the accused was conducted, but nothing was recovered from him and memo in this respect Exh. PN was prepared, which was thumb marked by the accused and attested by PW Karamjit Singh and ASI Gurcharan Singh. I arrested the accused...The learned Trial Judge relying on or on the basis of the depositions of the prosecution witnesses came to the conclusion that Appellant was guilty of the commission of the said offences. Upon hearing Appellant on sentence, he was sentenced to death. The High Court in the Death Reference made by the learned Sessions Judge as also in the Criminal Appeal filed by Appellant herein reviewed the evidence on record, confirmed the death sentence and dismissed the appeal, inter alia,above medical evidence consisted in the statements of PW-1 Dr. Reshamchand Singh and PW-6 Dr. Sharad Kumar and the seat of injuries again goes a long way to show that appellant - Amrit Singh, a man of 31 years of age, was not suffering from any disease. He was found physically and medically fit. Thus, it can be safely inferred that he was in a dominating position whereas Rajpreet Kaur (deceased) was a girl of 7/8 years of age studying in 2nd standard. She was coming alone to her house after playing with her classmate Amanpreet Kaur. On the way, the appellant caught hold of her and then went berserk for committing rape and murder of an innocent helpless female child. It is also established that there were multiple marks of contusions and abrasions on the anterior side of neck with a large contusion over the fold of neck transverse in direction. Not only that; there were also abrasions on her face, elbow and impression of teeth on her lips. All these injuries were ante-mortem in nature. Her body and pent were also found to be smeared with excessive bleeding. Further a look at the photographs Ex.P/4 to P/7, proved in the statement of PW-4 Ashok Kumar, Photographer, shows that the appellant had treated the helpless female child in a brutal and inhuman manner."

Reasoning:
19. Mr. Aggarwal has also drawn our attention to a suggestion made to PW-2 that four young boys aged about 10 years were seen in the cotton field from outside areas. If an outsider had committed the crime, she would definitely cried out but Appellant, a neighbour and known to her was a person of trust. She was seen to be holding Appellants finger. It is clear that she was allured by Appellant to accompany him to his own field which was near his house. We, however, do not agree with the contention of the learned counsel for the State that in this case, the provisions of the Identification of Prisoners Act will have any application. The provisions of the said Act may not be ultra vires to the Constitution but it cannot be said to be applicable in a case of this nature. It cannot be said to be an area which is contemplated under the Act. Appellant had a right to give or not to give sample of his hair. He could not have been made a witness against himself against his will.20. Offence of rape took place on an agricultural field. She might have suffered a lot of pain. She might have resisted also. She might have been gagged. Possibilities of some assault on her person cannot be ruled out. It would, however, be improper to hold that he killed her intentionally.21. The opinion of the learned Trial Judge as also the High Court that Appellant being aged about 31 years and not suffering from any disease, was in a dominating position and might have got her mouth gagged cannot be held be irrelevant. Some marks of violence not only on the neck but also on her mouth were found. Submission of Mr. Aggarwal, however, that Appellant might not have an intention to kill the deceased, thus, may have some farce. The death occurred not as a result of strangulation but because of excessive bleeding. Deceased had bleeded half a liter of blood. Dr. Reshamchand Singh, PW-1 did not state that injury on the neck could have contributed to her death. The death occurred, therefore, as a consequence of and not because of any specific overt act on the part of Appellant.22. Imposition of death penalty in a case of this nature, in our opinion, was, thus, improper. Even otherwise, it cannot be said to be a rarest of rare cases. The manner in which the deceased was raped may be brutal but it could have been a momentary lapse on the part of Appellant, seeing a lonely girl at a secluded place. He had no pre-meditation for commission of the offence. The offence may look a heinous, but under no circumstances, it can be said to be a rarest of rare cases.