Criminal Appeal Number: 2024:BHC-AS:38777-DB
Date of Judgment: October 1, 2024
Court: Bombay High Court
Bench: Justice A. S. Chandurkar and Justice M. S. Karnik
RELEVANT SECTIONS
Section 302 in the Indian Penal Code – Punishment for murder
Section 376 in the Indian Penal Code – Punishment for rape
Section 201 in the Indian Penal Code – Causing disappearance of evidence of the offence, or giving false information to screen the offender
Section 34 in the Indian Penal Code – Acts done by several persons in furtherance of common intention
Section 509 in the Indian Penal Code – Word, gesture or act intended to insult the modesty of a woman
Section 120B in the Indian Penal Code – Punishment for criminal conspiracy
Section 450 in the Indian Penal Code – House-trespass in order to commit offence punishable with death or imprisonment for life
BACK STORY
A young woman was reported missing on the evening of April 18, 2018, following her departure from her Pune workplace. She was last seen by coworkers at approximately 9:00 p.m., according to the inquiry. Her family reported her missing, and the police started looking for her.
Her body was found two days later in a remote location close to the highway. For weeks, Sunil Rama Kuchkoravi, the main suspect, had been pursuing the victim. He and an accomplice were positioned close to the crime scene by eyewitnesses, just before the victim disappeared.
The victim had been violently attacked, raped, and killed, according to the evidence, and Sunil and his accomplice had then tried to dispose of her body to avoid being apprehended. Sunil's possession yielded important items, such as the victim's personal stuff and cell phone.
MEDICAL EXAMINATION REPORT
The post-mortem examination revealed multiple injuries:
Bruises and abrasions on the neck, indicating strangulation.
Torn hymen and vaginal tears, confirming sexual assault.
Ligature marks around the throat, consistent with asphyxiation.
Presence of semen in vaginal swabs, linking the accused to the assault.
The cause of death was determined to be strangulation, with injuries indicating a violent and intentional attack.
EVIDENCES
- Post-Mortem Findings
- Injuries Indicative of Strangulation
- Cause of Death – Strangulation
- Evidence of Sexual Assault
- Genital Injuries
- Presence of Semen
Trace Evidence
Victim's Personal Belongings in Possession of the Accused
Eyewitness Testimony Supporting Forensic Findings
FORENSIC REPORT
According to the forensic report in The State of Maharashtra vs. Sunil Rama Kuchkoravi, the victim's cause of death was strangling, which was corroborated by obvious neck ligature marks, abrasions, and bruises that suggested a severe and deliberate attack. Damages including a ripped hymen and vaginal tears were presented as proof of sexual assault, and the accused was directly linked to the assault when semen from vaginal swabs tested positive for the accused's DNA. Furthermore, the accused's attempts to keep and hide incriminating items were suggested by the trace evidence discovered in the victim's personal belongings, including her cell phone. Because witnesses positioned the accused and an accomplice close to the crime scene at the time of the victim's disappearance, their testimony further supported the forensic findings. The charges of murder, sexual assault, and attempt to destroy evidence under several sections of the Indian Penal Code are all supported by this evidence taken together.
JUDGEMENT
Under the Indian Penal Code, Sunil Rama Kuchkoravi was found guilty of murder (Section 302), rape (Section 376), and causing the disappearance of evidence (Section 201). The Bombay High Court maintained this judgment. The Court also acknowledged the part played by his accomplice, noting that both were subject to Section 34 accountability for actions taken in support of a shared goal.
The bench denounced the act's cruelty and sentenced them to life in prison, highlighting the horrific nature of the crime and its effects on the victim's family. The verdict emphasized how urgently strict laws against sexual assault are needed, highlighting how crucial victim justice and public safety are.
Mullai Malar.K
Volunteer of AFRS