Juvenile convicted by Delhi court for gruesome murder, rape of 5-year-old girl

New Delhi, May 3 (PTI) A court here has convicted a juvenile for the gruesome murder and rape of a 5-year-old girl in 2017, saying the totality of all circumstantial evidence established his guilt.

Additional Sessions Judge Amit Sahrawat was hearing the case against the child in conflict with law (CCL) who was accused of raping and battering the victim’s head with cement stones, causing her death in February 2017.

"This is a case of circumstantial evidence and all the circumstances against CCL are to be considered together. Collectively from these circumstances, the only hypothesis is the guilt of the accused," the court said in an order passed on April 27.

The court said that the deceased was last seen with the CCL and after the victim’s father confronted him, the accused disclosed that he had raped and murdered the girl, following which the victim’s body was found hidden under large stones in an under-construction site.

"This is a complete chain of evidence against CCL in which there is no missing link. The effect of said chain of evidence is further fortified by the forensic science laboratory (FSL) report in which the deceased's blood was found on the clothes of CCL and the semen traces of CCL were found on clothes and private parts of the deceased," it said.

The court said all the circumstantial evidence against the accused were duly proved by the prosecution, including the victim’s murder.

"A child of 5 years is not physically so strong that she could bear the impact of heavy stones on her head and that too when such a child is already weak and going through utter pain as she has been sexually molested and blood is coming out of her private parts. If heavy stones are hit on such a small child, then it shows that the offender intended to ensure the death of the child," it said. "Hence, CCL is found in conflict with law for the offence of rape, aggravated penetrative sexual assault and murder of deceased child," the court added. It charged the accused under sections 376(2) (rape of girl below 16 years) 302 (murder) of the Indian Penal Code (IPC) and Section 6 (aggravated penetrative sexual assault) of Protection of Children from Sexual Offences (POCSO) Act. PTI