LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

parvathy (nil)     24 January 2010

rape + murder

If a girl has been raped nd she dies out of it but no on the spot..but @hospital..wil tat amount to rape + murder??...here there is no intension to kill the girl..the accused raped the girl in local train and wen found she was still alive and later @ hospital she passed away....so here is the accused guilty of murder?



Learning

 6 Replies

kranthi kiran (Works In Judicial Department)     24 January 2010

Yes definately, it will amount to rape + murder. Though the victim died at the hospital the death was beacuse of  rape committed on her, so the commission of  both offences i.e.,rape and death can be attributed to the accused. At the time of trail, the defence of mens rea (absence of intentioin to cause death) can be taken.

DR.SANAT KUMAR DASH (Eye Specialist)     24 January 2010

 It   is   a   sure   case   of    rape   and   murder.  The  culprit   should   be   punished    under   section   376   &  302   of  IPC.

Anish goyal (Advocate)     24 January 2010

I think facts are not sufficient to take case to murder. Burden is on prosecution. They has to prove mens rea required for the offence of murder. Plus the fact also needed to be proved that death was caused due to the act of accused. Beyond reasonable doubt only then murder can be there.

Dilip Kumar Borah (Manager-Land)     24 January 2010

In this case,the rape is followed by the death of the victim, even though it happened at the hospital and not on the spot. Hence both the offences can be attributed to the rapist. Doctor''s roport will also be vital in the case to counter mens rea. 

Rajan Salvi (Lawyer)     29 January 2010

There should not be any intervening cause between the rape and death. What does the PM report say regarding the cause of death? 

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     29 January 2010

'What does the PM report say regarding the cause of death?" mr. salvi is perfect here. first you go through pm report. what it says about death and rape.

"Burden is on prosecution. They has to prove mens rea required for the offence of murder. Plus the fact also needed to be proved that death was caused due to the act of accused. Beyond reasonable doubt only then murder can be there." - very perfect.

motive & intention has the value here but first of all it has to be seen, what pm report says. whether hospital authority decleared that ' the girl brought dead'?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register