SHATRUGHNA BABAN MESHRAM Vs. STATE OF MAHARASHTRA
LAWS(SC)-2020-11-47
SUPREME COURT OF INDIA
Decided on November 02,2020

Shatrughna Baban Meshram Appellant
VERSUS
STATE OF MAHARASHTRA Respondents


Referred Judgements :-

KALU KHAN V. STATE OF RAJASTHAN [REFERRED TO]
NAND KISHORE V. STATE OF MADHYA PRADESH [REFERRED TO]
MD. MANNAN V. STATE OF BIHAR [REFERRED TO]
VIRSA SINGH VS. STATE OF PUNJAB [REFERRED TO]
RAJWANT SINGH KALARIMADATHIL UNNI VS. STATE OF KERALA [REFERRED TO]
STATE OF MADHYA PRADESH VS. RAM PRASAD [REFERRED TO]
SHIVAJI SAHABRAO BOBADE VS. STATE OF MAHARASHTRA [REFERRED TO]
SANTA SINGH VS. STATE OF PUNJAB [REFERRED TO]
DAGDU STATE OF MAHARASHTRA VS. STATE OF MAHARASHTRA:RUKHMINI [REFERRED TO]
TARLOK SINGH VS. STATE OF PUNJAB [REFERRED TO]
BACHAN SINGH STATE OF PUNJAB AND MAL SINGH SUNIL BATRA NATHU SINGH KARTAR SINGH AND UJAGAR SINGH SHER SINGH SUNIL BATRA MAL SINGH NIRPAL SINGH JAGMOHAN SINGH UJAGAR SINGH VS. UNION OF INDIA [REFERRED TO]
MACHHI SINGH VS. STATE OF PUNJAB [REFERRED TO]
SHARAD BIRDHICHAND SARDA VS. STATE OF MAHARASHTRA [REFERRED TO]
ALLAUDDIN MIAN SHARIF MIAN VS. STATE OF BIHAR [REFERRED TO]
MALKIAT SINGH VS. STATE OF PUNJAB [REFERRED TO]
AMRUTLAL SOMESHWAR JOSHI VS. STATE OF MAHARASHTRA [REFERRED TO]
KAMTATIWARI VS. STATE OF MADHYA PRADESH [REFERRED TO]
MOHAN VS. STATE OF TAMIL NADU [REFERRED TO]
MOLAI VS. STATE OF MADHYA PRADESH [REFERRED TO]
STATE GOVERNMENT OF NCT OF DELHI VS. SUNIL [REFERRED TO]
MOHAMMAD CHAMAN VS. STATE NATIONAL CAPITAL TERRITORY OF DELHI [REFERRED TO]
STATE OF ORISSA VS. DIBAKAR NAIK [REFERRED TO]
STATE OF ANDHRA PRADESH VS. T PRASANNA KUMAR [REFERRED TO]
KRISHNA VS. STATE REPRESENTATIVE [REFERRED TO]
RAMAKANT RAI VS. MADAN RAI [REFERRED TO]
SURENDRA PAL SHIVBALAKPAL VS. STATE OF GUJARAT [REFERRED TO]
AMRIT SINGH VS. STATE OF PUNJAB [REFERRED TO]
ALOKE NATH DUTTA VS. STATE OF WEST BENGAL [REFERRED TO]
BISHNU PRASAD SINHA VS. STATE OF ASSAM [REFERRED TO]
SWAMY SHRADDANANDA ALIAS MURALI MANOHAR MIS VS. STATE [REFERRED TO]
SHIVAJI ALIAS DADYA SHANKAR ALHAT VS. STATE OF MAHARASHTRA [REFERRED TO]
RAMESHBHAI CHANDUBHAI RATHOD VS. STATE OF GUJARAT [REFERRED TO]
SANTOSH KUMAR SATISHBHUSHAN BARIYAR VS. STATE OF MAHARASHTRA [REFERRED TO]
SEBASTIAN ALIAS CHEVITHIYAN VS. STATE OF KERALA [REFERRED TO]
RAMRAJ ALIAS NANHOO ALIAS BIHNUN VS. STATE OF CHHATISGARH [REFERRED TO]
MULLA VS. STATE OF U P [REFERRED TO]
RAMESHBHAI CHANDUBHAI RATHOD VS. STATE OF GUJARAT [REFERRED TO]
WAKKAR VS. STATE OF U P [REFERRED TO]
PURNA CHANDRA KUSAL VS. STATE OF ORISSA [REFERRED TO]
RAJESH KUMAR VS. STATE GOVT OF NCT OF DELHI [REFERRED TO]
AMIT VS. STATE OF UTTAR PRADESH [REFERRED TO]
NEEL KUMAR ALIAS ANIL KUMAR VS. STATE OF HARYANA [REFERRED TO]
RAMESH HARIJAN VS. STATE OF UP [REFERRED TO]
AJAY PANDIT @ JAGDISH DAYABHAI PATEL VS. STATE OF MAHARASHTRA [REFERRED TO]
MOHINDER SINGH VS. STATE OF PUNJAB [REFERRED TO]
RAM DEO PRASAD VS. STATE OF BIHAR [REFERRED TO]
SUNIL DAMODAR GAIKWAD VS. STATE OF MAHARASHTRA [REFERRED TO]
DEEPAK RAI VS. STATE OF BIHAR [REFERRED TO]
SUSHIL SHARMA VS. STATE OF N.C.T. OF DELHI [REFERRED TO]
MAHESH DHANAJI SHINDE VS. STATE OF MAHARASHTRA [REFERRED TO]
ASHOK DEBBARMA @ ACHAK DEBBARMA VS. STATE OF TRIPURA [REFERRED TO]
SANTOSH KUMAR SINGH VS. STATE OF MADHYA PRADESH [REFERRED TO]
RAMESH VS. STATE [REFERRED TO]
MOHD. ARIF VS. REGISTRAR, SUPREME COURT OF INDIA [REFERRED TO]
VASANT SAMPAT DUPARE VS. STATE OF MAHARASHTRA [REFERRED TO]
SANTOSH S/O SHANKAR PAWAR VS. STATE OF MAHARASHTRA [REFERRED TO]
PURUSHOTTAM DASHRATH BORATE AND ORS. VS. STATE OF MAHARASHTRA [REFERRED TO]
SUNIL VS. STATE OF MADHYA PRADESH [REFERRED TO]
SHYAM SINGH @ BHIMA VS. STATE OF M.P. [REFERRED TO]
B.A. UMESH VS. REGISTRAR GENERAL, HIGH COURT OF KARNATAKA [REFERRED TO]
VASANTA SAMPAT DUPARE VS. STATE OF MAHARASHTRA [REFERRED TO]
MUKESH AND ANOTHER VS. STATE FOR NCT OF DELHI AND OTHERS. [REFERRED TO]
STATE OF HARYANA VS. KRISHAN AND ANOTHER [REFERRED TO]
DATTATRAYA VS. STATE OF MAHARASHTRA [REFERRED TO]
MANOHARAN VS. STATE BY INSPECTOR OF POLICE [REFERRED TO]
SUDAM @ RAHUL KANIRAM JADHAV VS. STATE OF MAHARASHTRA [REFERRED TO]
RAVISHANKAR @ BABA VISHWAKARMA VS. STATE OF MADHYA PRADESH [REFERRED TO]
SURAJ JAGANNATH JADHAV VS. STATE OF MAHARASHTRA [REFERRED TO]
MANOJ SURYAVANSHI VS. STATE OF CHHATTISGARH [REFERRED TO]



Cited Judgements :-

RAM PRATAP VS. STATE OF U.P. [LAWS(ALL)-2022-7-34] [REFERRED TO]
PAPPU VS. STATE OF UTTAR PRADESH [LAWS(SC)-2022-2-35] [REFERRED TO]
IN REFERENCE OF STATE OF CHHATTISGARH VS. SHEKHAR KORRAM [LAWS(CHH)-2022-6-14] [REFERRED TO]
SANJAY SINGH VS. STATE OF U.P. [LAWS(ALL)-2022-5-104] [REFERRED TO]
IN RE: FRAMING GUIDELINES REGARDING POTENTIAL VS. IN RE: FRAMING GUIDELINES REGARDING POTENTIAL [LAWS(SC)-2022-9-90] [REFERRED TO]
IRAPPA SIDDAPPA MURGANNAVAR VS. STATE OF KARNATAKA [LAWS(SC)-2021-11-1] [REFERRED TO]
MOHD. FIROZ VS. STATE OF MADHYA PRADESH [LAWS(SC)-2022-4-54] [REFERRED TO]
SUNDAR MOHAN NAIK VS. STATE OF ODISHA [LAWS(ORI)-2022-4-48] [REFERRED TO]
VENUGOPAL VS. STATE OF KERALA [LAWS(KER)-2021-2-39] [REFERRED TO]
STATE OF GUJARAT VS. RAJU @ RAJESHBHAI ISHWARBHAI VAGHRI [LAWS(GJH)-2021-3-356] [REFERRED TO]
BALU VS. STATE OF KERALA [LAWS(KER)-2021-8-137] [REFERRED TO]
STATE VS. SANTHOSHKUMAR [LAWS(MAD)-2021-4-203] [REFERRED TO]
STATE OF MADHYA PRADESH VS. IRFAN [LAWS(MPH)-2021-9-13] [REFERRED TO]
MANOJ PRATAP SINGH VS. STATE OF RAJASTHAN [LAWS(SC)-2022-6-20] [REFERRED TO]


JUDGEMENT

UDAY UMESH LALIT, J. - (1.)These appeals by Special Leave challenge the common judgment and order dated 12.10.2015 passed by the High Court [The High Court of Judicature at Bombay, Nagpur Bench, Nagpur] in Criminal Appeal No.321 of 2015 and Criminal Confirmation Case No.1 of 2015 affirming the judgment and order dated 14.08.2015 passed by the Trial Court [The Additional Sessions Judge, Yavatmal] in Special Case (POCSO Act[Protection of Children from Sexual Offences Act, 2012]) No.11 of 2013 and confirming the Death Sentence awarded to the Appellant on two counts i.e. under Section 302 of the Indian Penal Code (IPC, for short) and under Section 376A of IPC.
(2.)The victim in the present case was a girl of two and half years of age and the First Information Report was lodged at 09.25 p.m. on 11.02.2013 by her father with Parwa Police Station, Yavatmal as under:-
"By coming to the Police Station, I lodge an oral report that since one year I am residing with my family at Zatala. I have two daughters and one son. The victim, aged 2 years is my daughter No.-2. I reside in the neighbourhood of my fatherin-law.

This day 11.02.13, as there was a programme of Mahaprasad in Duttatraya Temple in the village I had gone there for taking meals at about 7.00 p.m. After taking meals I returned home at about 7.30 p.m. At that time I did not see my daughter Miss XXX4 at home. Therefore, I asked my father-in-law as to where was my daughter. On it, he told me, "Shatrughna Baban Meshram, aged 21 years, resident of Zatala has taken away your daughter XXX4 from me saying that he would reach her to you ". But Shatrughna did not bring my daughter to me. So I searched my daughter in the village. I saw my daughter XXX4 and Shatrughna Meshram lying in the new, under construction, building of Anganwadi. There was no pant on the person of my daughter. It was lying beside. Her face was bitten and private parts were swollen. I came out with my daughter. In the meantime, Baban Sambhaji Meshram, aged 50 years also came there. He took Shatrughna to his house. I along with father-in-law and Vitthal Ghodam took my daughter in an auto from the village to Dr. Jaffar Siddiqui from Kurli.

The doctor examined her and declared her dead. So we returned home.

Shatrughna Meshram took my daughter XXX [The identity of the victim is not being disclosed] in the building of Anganwadi, committed rape on her inhumanly in solitude, bit her on face and lips and committed her murder. "

(3.)As stated in the FIR, the victim was taken to PW6 Dr. Md. Jaffar Siddiqui for medical attention but she was already dead and there were marks of bites on her body. After registration of crime, the inquest (Exh.15) was conducted which recorded, " - Black and bluish coloured (contusion) marks are visible on both the cheeks and an injury is visible on the left cheek. Similarly, both the lips are bitten. An injury measuring 2 Cms. X 3 Cms. X 1 Cms. is visible on the chin ". It also recorded that there were bite marks on the chest and stomach of the victim apart from signs of forcible sexual assault.
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