Topic: Molai and Santosh vs State of Madhya Pradesh

Criminal Appeal Number: 678 of 1999

Date of Judgement: 26 October 1999

Court: Supreme Court of India

Bench: S.P. Kurdukar, K.T. Thomas and N. Santosh Hegde

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 offence, or giving false information, to screen offender

• Section 34 in the Indian Penal Code- Acts done by several persons in furtherance of common intention

Back Story:

R.S. Somvanshi, an Assistant Jailor at Central Jail, Reeva was staying with his wife, 2 daughters and a son in a quarter in the jail compound. On 20.02.1996, Mr. Somvanshi left the house at 9 a.m. for his duty, whereas Pratibha has already left for school at 7:30 a.m., and his wife along-with her son had gone to her parent’s house. Therefore, Naveen was alone at the house, when both the accused were sent by Mr. Somvanshi to do the work n the house and the garden. At around 10 a.m. some shrieks were heard by the neighbours Ruchi and Shobha Mishra but on checking, nothing suspicious was found. At about 11a.m. Ruchi visited Naveen, when she was told by one of the accused that she went along-with her friend. Later Ruchi also noticed the accused taking away Naveen’s cycle towards the back side of the quarter. Around 12 noon, Pratibha returned home and was also told that Naveen had gone on cycle with her friend. Mr. Somvanshi returned home at 1 p.m. and was told the same by Pratibha when asked about Naveen. It was evening when came home again and on finding that Naveen has still not returned, started searching for her. On 21.02.1996, the body of Naveen was found in the septic tank outside the quarter. Several other articles such as the bicycle, a bedsheet, an underwear, a knife, etc. was also discovered from the scene.

Medical Examination Report: The body was sent for post-mortem and injuries such as a bruise with abrasion on cheek, stab wound below the xiphoid process on the upper portion of the stomach, ligature over the thyroid cartilage was found. These injuries were ante-mortem. There were bruise marks on labia majora and minora. Hymen was torn and there was bleeding from vagina, as well as some vaginal discharge was seen which on examination showed the presence of semen.

Judgement:

The following evidences proved the act of commission of rape on the victim and strangulation thereafter, followed by a stab injury which led to her death. Thus the accused namely Molai and Santosh were convicted for offences punishable under Sections 302, 376 and 201 read with 34 IPC.

Written By: 

Ms Harshita Niranjan

Volunteer of AFRS