Tuesday, February 19, 2019

SC Stays Death Warrant Against Teacher Convicted For Rape Of 4 Year Old Student (Madhya Pradesh)

BY: PRABHATI NAYAK MISHRA15 Feb 2019 8:47 AM

A Special Bench of Supreme Court headed by Chief Justice of India (CJI) Ranjan Gogoi on Friday stayed the execution of death penalty against a school teacher for raping a 4 year-old girl in June last year in Satna district of Madhya Pradesh. 

The bench, also comprising justices L Nageswar Rao and Sanjiv Khanna stayed the "death warrant" issued by a Satna court on February 4 against Mahendra Singh Gond. The death penalty was scheduled to be executed on March 2 in Jabalpur jail. The girl was so brutally assaulted that she had to spend months in AIIMS-Delhi to get her intestines realigned. After raping her, the rapist had dumped her in a jungle thinking she was dead. Her family members found her in the wee hour by that time was found barely alive. The state government immediately had intervened and airlifted her to Delhi.

The Madhya Pradesh High Court had on January 25 confirmed the death sentence awarded by the trial court to Gond. The trial court had convicted the school teacher on September 19, 2018 and had sentenced Gond to death under the recently-introduced Indian Penal Code (IPC) Section 376(a)(b) (raping a minor under 12 years of age). This was probably the first case where a High court confirmed a death sentence under Section 376(AB) of the Indian Penal Code, which provides for death penalty for rapists of girls below 12 years of age. This provision was inserted into IPC last year, through Criminal Law Amendment Act, 2018.


Source: https://www.livelaw.in/top-stories/sc-stays-death-warrant-against-teacher-convicted-for-rape-of-4-year-old-student-142922 (Accessed on 19 February 2019)

2012 Delhi gangrape case: Victim’s parents want immediate execution of death row convicts (New Delhi)

By Express Web Desk |New Delhi |Updated: February 14, 2019 4:44:27 pm

Last year in December (2018), the Supreme Court had dismissed a Public Interest Litigation urging expedition of the procedure to hang the accused.

The parents of the 2012 Delhi gangrape victim on Thursday approached a Delhi court, seeking direction on the immediate execution of four death row convicts in the case. The court has slated the hearing for March 2. Last year in December, the Supreme Court had dismissed a Public Interest Litigation (PIL) urging expedition of the procedure to hang the accused. The PIL filed by lawyer Alakh Alok Srivasatava had sought direction from the central government to execute all the four death row convicts within two weeks.

A bench comprising Justices Madan B Lokur and Deepak Gupta later asked the petitioner, “What kind of prayer are you making?” It further said, “You are making the court a joke.” On July 9, 2018, the apex court had upheld its verdict of awarding the death penalty to the convicts in the December 2012 gangrape case. A three-judge bench had also rejected the review pleas filed by the three – Mukesh (31), Pawan Gupta (24) and Vinay Sharma (25) – of the four convicts. The apex court said the death row convicts failed to point out “error apparent on the face of the record” in the judgment.

In January this year, the top court asked the fourth convict to soon file his plea seeking review of its verdict upholding the death sentence awarded to him, saying the court “cannot wait” for long. A paramedical student was gang-raped and brutally assaulted by six men in a private bus and thrown out of it along with her friend. The victim was admitted to a South Delhi hospital. The victim later succumbed to her injuries.

Source: https://indianexpress.com/article/india/2012-delhi-gangrape-case-parents-move-patiala-house-court-immediate-execution-5584020/ (Accessed 19 February 2019)

Rajiv Gandhi assassination convicts Nalini, Murugan launch hunger strike (Tamil Nadu)

Feb 11, 2019 21:10 IST
M Manikandan 
Hindustan Times, Chennai

Nalini Sriharan and her husband Murugan have been in prison for 28 years and their death sentences were commuted to life in prison. 

Five months after the Tamil Nadu cabinet recommended their release from jail, Nalini Sriharan (55) and her husband Murugan (52), two convicts serving life sentences in the Rajiv Gandhi assassination case, have gone on indefinite hunger strike in Vellore Central prison demanding their early release.

They have also appealed to the Tamil Nadu Governor Banwarilal Purohit to release the other five convicts in the case - Perarivalan, Santhan, Robert Payas, Jayakumar and Ravichandran. According to P Pugazhendhi, Nalini’s lawyer, since the TN Governor Banwarilal Purohit has not responded to the Cabinet’s resolution passed last September recommending the release of seven convicts, the husband and wife duo have started an indefinite hunger strike. “While Nalini started her protest inside the special prison for women in Vellore on Saturday, her husband Murugan launched his hunger strike protest on February 2. Even as the state government has urged the TN Governor for the release of seven convicts, the Governor has not taken any decision. Even though all the seven convicts have spent most of their lives in prison, it is not fathomable why the Governor is delaying the signing of papers enabling their release in spite of the TN cabinet resolution recommending the same,” Pugazhendhi said.

The lawyer said Murugan had been drinking only water since February 2. On February 8 when he met him, Murugan had stopped taking water. The prison staff could not be contacted for comments on Nalini and Murugan’s health but Pugazhendhi said they had requested the duo to end their fast. The Tamil Nadu cabinet had passed a resolution in September last year urging the Governor to release the seven convicts under Article 161 of the Constitution. Nalini also wrote a letter to the Governor on Saturday. “I want to go away from the earth by observing fast from Saturday morning, till I accomplish eternal freedom. Justice was denied to us for the past 28 years. We all are just innocent and circumstances made investigation officers to bring us under this case,” Nalini said in her letter.

Pugazhendhi also said that they would file a petition in the Madras high court seeking a direction to the Governor to take action on the Tamil Nadu Cabinet’s resolution. When Perarivalan approached the Supreme Court last August for release, the Union Government had declined to release the seven accused saying that it would set a wrong example. Former Prime Minister Rajiv Gandhi was killed in Sriperumbudur near Chennai, when he was attending an election rally on May 21, 1991 by a suicide bomber named Dhanu of the Sri Lankan rebel group Liberation Tigers of Tamil Eelam (LTTE).

A Special Investigation Team (SIT) had taken 23 people into custody for investigation and a trial court had awarded death sentence to all. In 1999, the Supreme Court released 19 accused and convicted three people for a life. But it had upheld the death sentence for Nalini, Murugan, Santhan and Perarivalan. In April 2000, the then Tamil Nadu Governor Fathima Beevi commuted Nalini’s death sentence into life imprisonment. Eight years after that, Rajiv Gandhi’s daughter Priyanka Gandhi Vadra met Nalini in Vellore prison. Priyanka at that time said that she had forgiven Nalini. In 2014, the Supreme Court commuted the death sentence of Murugan, Santhan and Perarivalan into life sentence citing the delay in examining their mercy petitions.

Source: https://www.hindustantimes.com/india-news/rajiv-gandhi-assassination-convicts-nalini-murugan-launch-hunger-strike/story-oaIxuG7PltdzkZYk3Yn1eJ.html (accessed on 19 February 2019)

Monday, February 11, 2019

Hanif Syed, Sentenced To Death In 2003 Mumbai Blasts, Dies At Hospital (Maharashtra)

All India | Press Trust of India | Updated: February 11, 2019 01:17 IST

Syed's health suddenly deteriorated on Saturday evening, following which he was shifted to the Government Medical College and Hospital where he died, Jail Superintendent said.

Syed was shifted to the Nagpur Central Jail from Yerwada jail in 2012
NAGPUR: Mohammad Hanif Syed, one of the three convicts sentenced to death in the 2003 Mumbai twin bomb blasts and currently lodged in the Nagpur Central Jail, died at a hospital, a prison officer said on Sunday. Syed's health suddenly deteriorated on Saturday evening, following which he was shifted to the Government Medical College and Hospital (GMCH) where he died one and half hours after admission, Jail Superintendent Rani Bhosle told news agency PTI on Sunday night.

"The exact cause of his death will be known after post-mortem which will be conducted Monday in the presence of his relatives who have arrived in the city Sunday," she said, adding that Syed's body will be handed over to his relatives after autopsy. As per preliminary information and symptoms, he could have died of a cardiac arrest, Bhosle said. Syed, his wife Fehmida and third conspirator Ashrat Ansari were convicted by a POTA (Prevention of Terrorist Activity) court in 2009 of planting powerful bombs in two taxis which exploded at the iconic Gateway of India and Zaveri Bazaar on August 25, 2003, leaving 52 people dead and 244 injured.

Syed was shifted to the Nagpur Central Jail from Yerwada jail in 2012, after the Bombay High Court upheld his death sentence. The Lashkar-e-Toiba's role in the twin blasts was revealed by an accused-turned-approver. It was for the first time that the LeT had used a family to carry out bomb blasts in the country.

Source: https://www.ndtv.com/india-news/mohammad-hanif-syed-sentenced-to-death-in-2003-mumbai-blasts-dies-at-hospital-1991379 (accessed 11 February 2019)

Man gets death sentence for raping and killing 75-yr-old woman (Madhya Pradesh)

07 FEBRUARY 2019 Last Updated at 5:09 PM | SOURCE: PTI

Chhatarpur (MP), Feb 7 A special court in Madhya Pradesh has awarded death sentence to a 25-year-old man for raping and killing an elderly woman.

Special judge Naurin Nigam pronounced the sentence to the accused, Akhbar Khan, on Wednesday and termed the crime heinous. Khan had raped the 75-year-old woman when she was alone at her home in Chhatarpur city on February 21, 2017.

When she tried to resist his move, he inflicted injuries to her private parts following which she died on February 28, Madhya Pradesh Director General, Prosecution, Rajendra Kumar, said. The prosecution faced difficulty in proving the case as there was no eyewitness.

But the accused was nailed on the basis of scientific evidences, like samples collected from the woman's body which matched with the samples of the clothes worn by the accused while committing the crime. "This is the first capital punishment awarded to a person in a rape and murder case in MP in 2019. The prosecution team in Chhatarpur did its job in a professional manner," he claimed.

The accused was held guilty under Indian Penal Code Sections 450 (house-trespass in order to commit an offence), 376 (rape) and 302 (murder). The court has also imposed on him a fine of Rs 5,000, district prosecution officer S K Chaturvedi said. 

Source: https://www.outlookindia.com/newsscroll/man-gets-death-sentence-for-raping-and-killing-75yrold-woman/1474206 (accessed on 11 February 2019) 

Thursday, February 7, 2019

In a first since independence in Manipur, court awards death penalty to man for murder

Written by Jimmy Leivon |Imphal |Updated: February 6, 2019 1:45:05 am

The police report mentions that Rohit hit the girl with a wooden stump and strangulated her with a rope while Farish muffled the victim's mouth.

Rohit was convicted under section 302 and 201 IPC, while Shah was awarded life imprisonment and Rehana and Farjina were given three years and six months simple imprisonment respectively. (Express photo)
Terming it as one of the “rarest of rare” cases, a sessions court in Manipur’s Senapati district on Tuesday awarded death penalty to a man convicted of murder. This is the second death sentence awarded in the state since Independence and a first to a person charged with murder. Sessions Judge A Noutuneshwari convicted Yumkhaibam Rohit alias Rajesh, 29, for murdering his girlfriend. The court also directed Manipur State Legal Services Authority to give the victim’s father Rs 10 lakh as compensation within 60 days.

“In my considered view, maximum punishment should be awarded and it should be an eye opener for the society at large in order to prevent such brutal and heinous crime in our society,” the judge said. The three other convicts in the case are Y Md Farish Shah, Rehena and Farjina. Rohit was convicted under Section 302 and 201 of IPC, while Shah was awarded life imprisonment and Rehana and Farjina were given three years and six months simple imprisonment respectively.

“As the crime committed by the convicts are so inhumane, barbaric and merciless and their intention and motive were beyond the thoughts of a rational human being, such cruelty deserves to be wiped out and there is no mitigating factor to deter in other alternative punishment,” the judge said. The incident took place on August 14, 2018, at Kshertrigao Thambalkhong Makha Leikai, in Imphal East district at Farish’s residence. As per police investigation, the girl befriended Rohit on Facebook in February 2018 following which they started meeting frequently and entered into a physical relationship.

However, on August 14, the couple had an argument after the girl pressured Rohit to elope. The police report mentions that Rohit then hit the girl with a wooden stump and strangulated her with a rope while Farish muffled the victim’s mouth. Rohit also smashed the girl’s head and face with a stone several times before fleeing with her ornaments. The police completed its investigation within a month and submitted the charge sheet against the convicts on January 15. The trial was completed in a record 20 days after the court examined and recorded the statement of 28 prosecution witnesses. Noutuneshwari, who is also a special judge of POCSO (Protection of Children from Sexual Offences) in Senapati, on July 31, 2018, had awarded death sentence to a 21-year-old who was convicted for rape and murder of a four-year-old girl in 2015.

Source: https://indianexpress.com/article/north-east-india/manipur/first-since-independence-manipur-court-awards-death-penalty-to-man-for-murder-5570769/ (accessed 07 February 2019). 

Rapist and murderer of mother and daughter gets convicted (Kerala)

A death penalty has been awarded to Jomon of Kumily, who raped and murdered a woman and her daughter at Vandiperiyar in Idukki 12 years ago. He has also been sentenced to life term in prison, along with a fine of Rs 50,000.

Jomon & Rajendra
The incident happened on December 2, 2007, when Jomon allied with Rajendran to rape and murder a 55-year-old woman and her 22-year-old daughter. The accused had entered the victims’ house in an inebriated state and strangled them until they fell unconscious. They later hacked the women to death and then raped their dead bodies. Even though Rajendran was awarded death sentence in 2012, Jomon, who went absconding in 2007 was tracked by the police and arrested in 2012. The Thodapuzha second additional sessions judge KK Sujatha on Thursday awarded death penalty to Jomon.

According to a report, Jomon had initially pleaded innocence, however, the prosecution proved the case based on scientific evidence and awarded him capital punishment under sections 449, 376, and 302 of the Indian Penal Code.

Source: https://www.indiaglitz.com/kerala-man-sentenced-to-death-rape-murder-of-mother-daughter-tamil-news-227773 (Accessed 07 February 2019) 

High Court confirms death sentence of child rapist (Madhya Pradesh)

Published: January 25, 2019 10:36 PM IST

Jabalpur, Jan 25 (PTI) The Madhya Pradesh High Court on Friday confirmed the death sentence awarded to a schoolteacher for raping a four-year-old girl in Satna district.

Confirming the death penalty of the convict, Mahendra Singh Gond, a division bench of justices P K Jaiswal and Anjuli Palo said the court should impose a punishment befitting the crime. Gond, a schoolteacher, was convicted and sentenced to death by a trial court in Satna district in September last year, government advocate Brahmadatt Singh said. The convict had appealed against the trial court judgment in the high court. 

The bench observed, “In the present scenario, where such crimes are continuously increasing, reformative ideas are totally ineffective. “Justice demands that the court should impose a punishment befitting the crime so that it reflects the public abhorrence of the crime.” It further said, “It could not be conceived from a person, who is performing the pious duty of a teacher, who is expected to nurture the character and morality in the children of the nation, to commit such kind of a heinous act which is tantamount to moral turpitude.” The trial court had sentenced Gond to death under the recently-introduced section 376(a)(b) of the Indian Penal Code (IPC).

The convict was also found guilty under IPC section 363 (kidnapping), for which he was sentenced to seven years of rigorous imprisonment, besides being fined Rs 5,000, Singh said. The incident had occurred on July 1, 2018 in Parasmaniya village when the convict had gone to meet the father of the girl, he added. Finding the girl sleeping alone in the courtyard of her house at night, he had taken her to a nearby field and raped her, the government advocate said. The girl was found in an unconscious state by her parents near the field the next morning, the counsel said. Subsequently, the father of the girl had lodged an FIR with the local police and Gond was arrested, he added.

This is published unedited from the PTI feed.

Source: https://www.india.com/news/agencies/mp-high-court-confirms-death-sentence-of-child-rapist-3543429/ (Accessed 07 February 2019)

Supreme Court commutes Santosh Mane’s death sentence to life term (Maharashtra)

By Express News Service |Pune |Published: January 10, 2019 4:44:39 am

On January 25, 2012, Mane, then 41 years old, had hijacked a state transport bus and mowed down nine persons with it. Mane, who was a state transport bus driver, had reported to work around 7 am at the Swargate bus depot, instead of his scheduled time of 10.30 am

Mane, then 41 years old, had hijacked a state transport bus and mowed down nine persons with it.
The Supreme Court on Wednesday commuted the death sentence awarded to Santosh Mane, convicted of mowing down and killing nine persons in Pune in 2012, to life imprisonment. Mane had been awarded the death sentence by a sessions court in 2013, which had said the crime fell in the rarest of rare’ category. A year later, the Bombay High Court had upheld the death penalty. It had rejected the plea by the defence, which had argued that Mane should be acquitted of the murder charges as he had committed the crime while he was ‘mentally unsound’. 

On January 25, 2012, Mane, then 41 years old, had hijacked a state transport bus and mowed down nine persons with it. Mane, who was a state transport bus driver, had reported to work around 7 am at the Swargate bus depot, instead of his scheduled time of 10.30 am. He had taken out a bus from the depot using a master key and then gone on a rampage, knocking down many two-wheelers, four-wheelers and pedestrians on the route, before he was stopped by local residents and police. By that time, Mane had traversed 15 km, across Golibar Maidan, Bhavani Peth, Gultekdi, Satara Road and Sinhagad Road. As many as 37 persons were injured in the incident.

Amol Chitale, who represented Mane in the Supreme Court, told The Indian Express over the phone, “Since the beginning, the defence’s plea was that at the time of committing the offence, Mane was not mentally stable and so Section 84 of the Indian Penal Code should have been applied. However, the trial court and the High Court had rejected this plea and had awarded the death penalty to him.” IPC’s Section 84 states that ‘nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.’ Chitale added, “In the Supreme Court, we continued our defence on the same tenet, that at the time of the offence, he was mentally unsound… this was brought to light from observations when he was under psychiatric evaluation for some days after the incident. Today, the Supreme Court has commuted his death sentence to life imprisonment. The detailed judgement is yet to come.” Nishant Katneshwarkar, the standing counsel for the state of Maharashtra in the Supreme Court, said, “In our submission, we had opposed the defence’s plea of insanity. We argued that both the trial court and the High Court had considered the documents pertaining to the case and had rejected the plea that he was unstable.”

Advocate Dhananjay Mane from Solapur, who represented Mane in the trial court and also in the High Court, said, “It has been a long battle to prove that at the time of the incident, he was not in a sound state of mind. Police have tried all the ways to prove that he was not unstable. We welcome the Supreme Court’s verdict and will comment further after the detailed order.”

What Happened That Day

On the morning of January 25, 2012, some time after 7 am, Mane started the MSRTC bus using a ‘master key’. Then he started driving the bus on the wrong side of Shankar Sheth Road, towards Hotel Seven Loves, where he knocked down a vehicle. A local resident, who saw the incident, contacted the police control room at 8.05 am. Soon, two policemen on a motorcycle started chasing the bus. However, Mane continued to drive the bus at a high speed, and on the wrong side of the road in some stretches. He travelled about 15 km via Golibar Maidan, Bhavani Peth, Gultekdi, Maharashi Nagar, Satara Road, Mitramandal Chowk, Sarasbag, Sinhagad Road, knocking down two-wheelers, cars and pedestrians on the route. To stop the bus, Police Constable Deepak Kakade fired 10 rounds from his 9-mm carbine gun, but Mane did not stop. However, he was forced to slow down after the bus collided with two cars on Sinhagad Road. This helped local residents and police, who had given him chase, to overtake the vehicle and pull Mane out of the bus, at around 8.45 pm. Mane was taken into police custody and his victims were rushed to different hospitals in the city for treatment.

Mane’s ‘History of Illness’ 

While MSRTC officials claimed that Mane, a bus driver with the state transport service, was normal and had no history of medical problems, his wife and doctor had claimed that he was under stress and suffering from mental illness for the last two years. Mane was being treated by Dr Dilip Burate, a psychiatrist in Solapur. Speaking to the The Indian Express over the phone at the time, Burate had said, “Mane had come to me with complaints of hallucinations and was also saying many irrelevant things, as I remember the case and based on the documents that I have. He had come to me for a month… and I had given him medications. After that, he didn’t come.” When The Indian Express contacted Burate on Wednesday, he expressed his unwillingness to comment on the issue. Mane’s wife Sonali had said at the time of the incident, he was under severe stress due to work. “He had repeatedly requested the MSRTC not to give him driving duty on long routes. But he was forced to drive buses on long routes. He had faced problems earlier also due to work-related stress. So, he had also taken a month-long leave for treatment,” she had said at the time. Mane’s family members could not be reached for comment on Wednesday.

Source: https://indianexpress.com/article/india/supreme-court-commutes-santosh-manes-death-sentence-to-life-term-5531151/ (accessed 07 February 2019)