Delhi court finds juvenile guilty of rape, murder of 60-year-old woman
New Delhi: A Delhi court has found a juvenile guilty of raping and murdering a 60-year-old woman in 2017, expressing shock that he inflicted iron rod blows on every body part of the deceased and "mercilessly inserted" it in her private parts.
A final order regarding the sentence will be passed on a later date.
Additional Sessions Judge Amit Sahrawat was hearing the case against the juvenile against whom a case was registered for the penal offences of rape and murder.
The Juvenile Justice Board (JJB) in 2018 concluded that the child in conflict with law (CCL), aged between 16 and 18 years, was required to be tried as an adult, following which the case was transferred to the present Protection of Children from Sexual Offences (POCSO) court.
According to the prosecution, the juvenile inflicted injuries on the woman with the iron rod and then attempted to rape her in the afternoon of November 11, 2017.
It said that a security guard, upon witnessing the crime, raised an alarm, following which the juvenile was apprehended.
In an order dated October 28, the court said, "It is a proved fact that the metallic rod recovered from the spot was inserted by CCL into the private parts of the deceased and due to that the deceased sustained fatal injuries inside her private parts."
It underlined that according to law, if any object (not being the penis of the accused) was inserted to any extent into the vagina, urethra or anus of a woman, then it amounted to rape.
"Thus, even if there is no clarification from the versions of prosecution witness 3 (security guard) regarding the insertion of the private part of CCL into the private part of the deceased, then also the act of inserting this metallic rod into the private parts of the deceased amounts to rape," the court said.
It noted the post-mortem report, according to which several external injuries were inflicted from the "bulky" metallic rod on "each and every body part" of the deceased, including her face, back of neck, back of head, face, chest, arm, elbow, wrist, head, forearm, finger, vagina, anus and knee.
The court said that if so many injuries were caused to the 60-year-old woman, then there was no doubt about the juvenile's intention to cause death.
It said, "Further, it is also considerable that the CCL did not just give blows of this rod on the body of the deceased, rather he mercilessly inserted this rod into the private parts of the deceased and caused fatal injuries inside her private parts."
The court said that the accused "inserted this metallic rod inside the private parts of the deceased so mercilessly that even the flesh/ body part separating vagina and anus also got torn."
Further, the doctor had also opined that the injuries were sufficient to cause death, the court said.
"In a nutshell, CCL is found to be in conflict with law for the offence of rape and murder punishable under Sections 376 (rape) and 302 (murder) of the IPC," the court said.
