Moor PRopLeM.
(n 3.112003 in he evening, Ra rst Kaur @ Gu, who was aout ih ea oda
stteat of led Sadar went he hose of er sate and emi, Ame Ket. At
stout 5.00 pm, se 1 fom Bre fo ren o he hue. She wah secompenied to some
istace by Amarr. Wc se coset pala wat hse, Amare ef eon et on
Ra ret Kaur was st son with Amit Singh, a 30 yer od neighbour. She was een walking
toling his finger, When Re Prost Kaur didnot each her hose, serch was cao, Se
rons ten funder dnd body in he gical el belonging to Amit Singh sated in
font ofhis hose. The dead body was fond near ee and some ction rp wa found neat
th den ody, Some dy Iaes wer fond in erin hand some sends of ama ai
vere lo moet as ily smeared wi lod. There wa bleting fom valva and the eg
were als sine with blood. Body wa in sa of rigor mois, There were muipe masks of
consis sad abrasion the neck Fare lo hd some abrasions, Abrsins over elbows and
Incl were presen Thee were inpresin of te onthe ip. These were ane mortem
innate. Atiough cre ines were fund onthe neck vhich were adobe the ame of
death of the decease, acoring tothe dota, he death ok place bec of ss of loo. I
was stated by hi
"20% ls flood may cause shock and dzth, Nomaly na child of 67 yeas age there may
ve about?
blood in body. On examination of injuries it as found tat more bleeding from
te injury has caused the death, In thi cate more than hal ire blood had oozed.”
“Amari was prosecuted for rape and murder. The lower court convicted him on both the counts
and sentenced him to ‘death penalty which was confirmed by the High Court. On appeal, the
Supreme Court upheld the conviction but reduced the sentence to life imprisonment. The
‘Supreme Court noted that
‘Appellant, a neighbour and known fo her Was a person of trust, She,was sen to be
holding Appellant's finger. It is clear that she was allured by Appellant to accompany
him to his own.field which was near his house.... Offence of rape took place on an
agricultural field, She might have sullered alot of pain. She might have resisted aso
‘She might have been gagged, Possibilities of some assault on her person eannot be ruled
‘out. It would, however, be improper to hold that he killed her intentionally... The death
‘occurred not as a result of strangulation but bee se of excessive bleeding. The deathBang 78 % 9 contravene a i 85 bein ibe lis
art of Appellant,
nature, in our opinion, was, thus, improper.
rarest of rare cases. The manner in which the
ised wes taped many be trun! bu could have boon a neory laos onthe pat
of Appellant, seeing a lovely gi at «secluded pace. He had no premeditation for
‘commission of the offence, ‘The offence may look heinous, but under no circumstances,
itcan be said to be a rarest of rare cases,
‘The judgement was delivered by the Supreme Court on 10-11-2006, The media reports decried
‘Se Jadgement for condoning the ghastly rape as ‘a momentary laps’ especially when the
‘offence was committed on a very'young git! by a person in the relationship of trust with the
‘Victim and it caused uproar among women’s organisations across the country. Fourteen national
‘evel women organisations came together and filed a petition in the Supreme Court under theinvolving murder of avery yours gist of only ight years after diabotically and brutally raping
her by a person who was ina relationship of trust with the victim child.
Memorial isrequed tobe fled only for oe party. The aan ine for subison of
‘memorial and oral arguments wil be decided by the teacher.
For Aaaivest
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