Village Patkadihi had performed funeral rites at his house of Rema Naik which he had invited his relatives and other villagers. Smt Nitma Naik the mother of Laxman is the sister of the father of Rema Naik, Nitma Naik the Nitma (victim) daughter of elder brother of the Laxman, being close relatives of Rema Naik, also went from their Village Tangarjoda to the house of Rema Naik at Village Patkadihi to attend ceremony. In the afternoon when all the relatives assembled in the ceremony including Rema Naik were busy in the observance of the ceremony, the a Laxman commanded the Nitma to accompany him back to their village and the Nitma followed him in obedience of his command.
The Laxman and the Nitma were found to be absent from function. Genada alias Ganga Ram resident of Village Patkadihi saw the Laxman and the Nitma near Chhotsima jungle, going towards their Village Tangarjoda. Sometime later the Laxman alone reached his house in Village Tangarjoda where on being asked about the Nitma by his elder brother Hindu Naik, the father of the Nitma the Laxman is said to have told him that the mother and the Nitma were at the house of Rema Naik in Village Patkadihi. In the same evening the Laxman returned back to Village Patkadihi and on being questioned by his mother Nitma Naik as to the where abouts of the Nitma the Laxman told her that she had safely reached her Village Tangarjoda. The next morning when the Laxman 's mother Nitma Naik was heading towards her Village Tangarjoda, she noticed the Laxman roaming about near Chhotsima jungle. On being asked again as to the where abouts of the Nitma, the Laxman told his mother that she was there in Village Tangarjoda. But to her utter surprise when Nitma (victim) the mother of the Laxman reached her Village Tangarjoda she did not find the Nitma there and she rushed back to Village Patkadihi where she told Rema and other villagers that the Nitma was missing. They including Hindu Naik the father of the Nitma proceeded towards Chhotsima jungle in search of the Nitma. The searching party found the Nitma lying in a lonely place in Chhotsima jungle in revealing circumstances. The party found the torn wearing apparel (underwear) of the Laxman near the dead body of the victim. There were marks of violence over the dead body of the victim and bleeding injury in her private part. A ribbon belonging to the Nitma and some tamarinds were also found lying near her dead body.
Doctor
gave her opinion about the forcible sexual assault having been made on the Nitma
just before her death. Vaginal smear of the deceased Nitma was lifted which indicated
presence of red blood corpuscles. The frock and underwear of the Nitma as well
as underwear belonging to the a Laxman seized from near the place of occurrence
were sent to the Chemical Expert who as per his report found blood on the underwear
belonging to the Laxman and human blood on the frock and underwear belonging to
the Nitma. After the occurrence the Laxman had absconded and apprehended after
about 14 months.
The
Sessions Court held that the Laxman convicted him for an offence under Section 376 as well
as under Section 302 of
the Penal Code and sentenced him to death. Laxman Naik was charged and tried
under Sections 376 and 302 of the Penal Code
for committing rape and murder of the victim inside Nitma. The appellant Laxman Naik preferred an appeal
in the High Court of Orissa challenging his conviction and sentence as aforesaid. The Sessions Judge made a reference to the
High Court of Orissa for confirmation of the death sentence. The High Court
dismissed the Laxman's appeal and confirmed the death sentence awarded to him.
This appeal has been filed before this Court on being granted special leave.
The Supreme Court held that the alleged
sexual assault followed by brutal and merciless murder by the dastardly and
monstrous act of abhorrent nature is to have been committed by the appellant
Laxman herein who is none else but an agnate and paternal uncle of the deceased
Nitma, a girl of the tender age of 7 years who fell a prey to his lust which
sends shocking waves not only to the judicial conscience but to everyone having
slightest sense of human values and particularly to the blood relations and the
society at large.
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