Forensic findings, witness accounts played a pivotal role in securing conviction
Accused Vikat Bhagat was held guilty and sentenced to rigorous life imprisonment based on the 'last seen' theory, medical and forensic evidence in the Danielle McLaughlin rape and murder case.
Photo Credits: Santosh Mirajkar
MARGAO
The "last seen" theory, medical evidence, forensic evidence, as well as evidence from witnesses, etc., all weighed heavily against convict Vikat Bhagat, who was sentenced to undergo rigorous life imprisonment by the South Goa Additional Sessions Judge Kshama Joshi in the 2017 rape and murder of Irish/British woman Danielle McLaughlin at Canacona.
"From the evidence of witnesses produced on record by the prosecution in this case, as well as the medical evidence, forensic evidence, and the recoveries made at the instance of the accused, as well as the last seen theory being proved beyond doubt, I hold the accused guilty only for the offences of murder, rape, and destruction of evidence," Judge Joshi stated in her order.
"There is no dispute that the present case is based on circumstantial evidence. However, the link of the accused to the present crime has been established beyond doubt, and there are five circumstances which establish the link and the involvement of the accused in the crime, which complete the chain of events and also the last seen theory," the judge said, adding, "It is evident that, though motive amounts to great importance in circumstantial evidence, on the basis that the motive has not been proved, an accused cannot be acquitted. If the motive is proved, it would add to the chain of circumstances, and the motive is required to be considered depending on the circumstances that have been proved by the prosecution."
A perusal of the order shows the judge observing that the victim's body was found in a nude condition, which shows that the clothes of the victim were intentionally removed at the time of the act so that the body of the victim could not be identified based on her clothes. "From the evidence, it is also clear that the face of the victim was smashed in order to hide her identity, which amounts to destroying evidence, and as such, the offence under Section 201 IPC is proved," the order stated.
"The PP (public prosecutor) pointed out that the medical evidence shows there was vaginal penetration and injuries on the body of the deceased, which shows that there was resistance from the deceased. The doctors have also opined that there was forcible sexual intercourse. The motive of the accused can be derived from the circumstances that he, upon conducting forcible sexual intercourse, and as the victim would disclose the fact, she was murdered, her clothes were removed, and her face was smashed to suppress her identity and conceal the crime."
Motive in circumstantial evidence
Judge Joshi observed that it cannot be disputed that in a case based on circumstantial evidence, the motive acquires great significance. She, however, said that merely because no motive is proved by the prosecution, the accused cannot be acquitted.
"In the present case, as rightly pointed out by the PP, the motive can be derived from the circumstances, which lead to the conclusion that the motive is within the knowledge of the accused, as the victim and the accused, according to the case of the accused, were friendly and were girlfriend and boyfriend. As such, it was for the accused to state the facts which are to his knowledge as to how and when the accused parted from the deceased, as she was intoxicated. As rightly pointed out by the PP, a person having a relationship and who was supposed to get married would see to it that the girl in such a condition is taken and kept in a safe place. Hence, the PP submitted that in this matter, Section 106 of the Evidence Act would be attracted, as the prosecution has proved the links and established the chain of circumstances and the last seen theory beyond reasonable doubt. Hence, the argument of the advocate for the accused that there was no motive cannot be accepted," Judge Joshi said.
Defence plea: The duo were friendly
The defence advanced the argument that the accused and the victim were friendly with each other and, as such, there can be no motive for the accused to commit the offence, as he was supposed to marry the victim, and that there was consensual sexual intercourse.
Judge, however, said, "If that was so, then how have the injuries come on the deceased and the accused? Also, there is no explanation with regard to the injuries sustained by the accused, except that the police have assaulted him, which also cannot be derived from the evidence placed on record."
Forcible sexual intercourse
Judge Joshi said it is evident from the doctors that the accused had sexual intercourse with the deceased. The judge said the arguments that it was consensual cannot be accepted in view of the injuries sustained by the deceased. "Doctors also state that the injuries have been caused on account of forcible sexual intercourse and resistance by the victim, and the injuries on the accused are stated to be from nail scratches," the judge stated.
She added: "From the evidence on record of the doctors and the experts, as well as the other circumstances in the chain which are proved by the prosecution, linking the accused to the crime, it was a forcible sexual intercourse."
'Last seen' theory
The PP submitted that the last seen theory has been proved by the witnesses, who are friends/neighbours of the accused, who were with the accused on the day of Holi and were going from one bar to another. They are the persons who last saw the accused in the company of the deceased prior to the incident, between 9.30 pm and 10 pm. The FIR was lodged at 7 am, i.e., within about nine hours, and as such, the FIR was lodged within a short period and registered at 9.30 am on the same day.
