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New Delhi:
The Supreme Court has commuted to life time period the dying sentence awarded to a person convicted for raping and murdering a two-and-a-half-year previous woman in 2013 in Maharashtra.
The high courtroom, which mentioned sexual assault on the minor woman was “very severe” and the conduct of the convict could possibly be termed as “perverse and barbaric”, noticed that he didn’t consciously trigger any harm with the intent to extinguish the sufferer’s life.
“We therefore, find that though the appellant (convict) is guilty of the offence punishable under section 302 (murder) IPC, since there was no requisite intent as would bring the case under any of the first three clauses of section 300 IPC, the offence in the present case does not deserve death penalty,” a bench headed by Justice U U Lalit mentioned in its 139-page verdict.
The bench, whereas affirming the view taken by the trial courtroom and the excessive courtroom in convicting the accused who was a maternal uncle of the sufferer, commuted the sentence to life imprisonment for the offence of homicide and 25 years rigorous imprisonment for the offence of rape.
The bench, additionally comprising Justices Indu Malhotra and Krishna Murari, delivered the judgement on an attraction filed by the convict towards the October 2015 verdict of Bombay High Court which had confirmed the dying sentence awarded to him by a trial courtroom.
The bench famous in its judgement that about 67 circumstances have been handled by the highest courtroom in final 40 years the place the offences have been of rape and homicide and age of the victims have been 16 years or under.
It mentioned that out of those 67 circumstances, the highest courtroom had affirmed award of dying sentence to accused in 15 circumstances.
It mentioned in three out of those 15 circumstances, dying penalty was commuted to life time period by the highest courtroom in assessment petitions.
It famous that out of remaining 12 circumstances, dying sentence was confirmed in two circumstances and assessment pleas have been rejected.
The bench mentioned as on date, dying sentence was confirmed in 12 out of 67 circumstances the place the principal offences allegedly dedicated have been of rape and homicide and victims have been aged about 16 years or under.
It additional mentioned that out of those 67 circumstances, in not less than 51 circumstances the victims have been aged under 12 years.
The high courtroom mentioned in 12 out of these 51 circumstances, dying sentence was initially awarded.
An FIR was lodged within the case by the sufferer’s father in February 2013 and it was discovered that there have been chunk marks on the sufferer’s physique.
The accused, who was 21-year-old on the time of incident, had claimed that he was being falsely implicated within the case.
“The circumstances proved on record are not only conclusive in nature but completely support the case of the prosecution and are consistent with only one hypothesis and that is the guilt of the appellant (convict). They form a chain, so complete, consistent and clear, that no room for doubt or ground arises pointing towards innocence of the appellant,” the bench mentioned.
“The circumstances are clear, consistent and conclusive in nature and are of unimpeachable character in establishing the guilt of the appellant. The evidence on record also depicts an exceptional case where two and half years old girl was subjected to sexual assault. The assault was accompanied by bites on the body of the victim,” the bench mentioned.
(This story has not been edited by NDTV workers and is auto-generated from a syndicated feed.)
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