Tuesday, December 25, 2018
Rape-murder case HC commutes death penalty (Madhya Pradesh)
Written by Milind Ghatwai |Bhopal |Published: August 25, 2018 2:47:18 am
In the High Court, defence counsel P S Gaharwar contended that the post-mortem report noted that all internal parts of the victims were in order and no external injury marks were seen.
THE MADHYA Pradesh High Court has commuted the death sentence given to a man convicted of raping and murdering a nine-year-old girl at a village in Sagar district to life imprisonment. The capital punishment awarded to Sunil Hargovind Adivasi by an additional Sessions Judge, Khurai, on June 19 was among the 14 death sentences given by trial courts in different districts in the state since February 28 this year. One death sentence has been confirmed by the High Court.
A division bench of justices J K Maheshwari and A K Srivastava heard the criminal reference for confirmation and the appeal against conviction by the 21-year-old. In the High Court, defence counsel P S Gaharwar contended that the post-mortem report noted that all internal parts of the victims were in order and no external injury marks were seen. “It’s not a case of strangulation but a case of asphyxia… no cogent evidence on record to suggest intention to murder,” the defence counsel said and argued that it was not the rarest of rare case. The bench observed that the intention of the accused to cause the death of the minor is not reflected in the post mortem report. The bench said its interference in the conviction was not warranted. While setting aside the capital punishment, the bench observed that it was not one of the rarest of rare case.
Source: https://indianexpress.com/article/india/madhya-pradesh-rape-murder-case-hc-commutes-death-penalty/ (Accessed 25 December 2018)