Abolish Death Penalty India: October 2024

Friday, October 18, 2024

Maharashtra - Supreme Court acquits death row convict who spent 12 years in jail

Summary

Oct 18, 2024

The Supreme Court has issued several recent acquittals of death row convicts after long incarcerations, with at least two prominent cases involving men who spent around 12 years in prison before their release.

Key Details of the Acquittal (October 2024)The Convict: The news primarily refers to the acquittal of a man (identified in some reports as Ramkirat Munilal Goud or simply as the "man from Thane") who spent 12 years in prison, including six years on death row, for the alleged rape and murder of a minor girl in Maharashtra.

The Verdict: A Supreme Court bench - Justices B R Gavai (Lead), Prashant Kumar Mishra and K V Viswanathan overturned the conviction due to a "flawed and tainted investigation" and a lack of reliable evidence, ruling that suspicion cannot replace proof beyond a reasonable doubt.

Court Observations: The apex court severely criticized the prosecution for failing to establish the chain of circumstantial evidence, noting that the trial and high courts had relied on contradictory witness statements and unconvincing evidence.

Aftermath: Following his acquittal, the man filed a plea in the Supreme Court seeking compensation for his wrongful incarceration, an issue the Court agreed to examine to potentially establish a legal framework for victims of miscarriage of justice.

Source: https://timesofindia.indiatimes.com/india/sc-acquits-death-row-convict-who-spent-12-years-in-jail/articleshow/114328658.cms

Tuesday, October 1, 2024

Bombay High Court upholds penalty of a man convicted in murdering his mother and later eating her organs

1 Oct 2024

The Bombay High Court upheld the death sentence of Sunil Rama Kuchkoravi, who was convicted of the gruesome 2017 murder of his 60-year-old mother in Kolhapur, Maharashtra, and was found to have mutilated and cooked parts of her body after killing her. The Division Bench of Justices Revati Mohite-Dere and Prithviraj Chavan termed the crime as falling into the “rarest of rare” category due to its extreme brutality and cannibalistic aspects, and agreed that there was no chance of his reform or rehabilitation. The court also noted that even life imprisonment would not adequately protect society or fellow inmates given the nature of the offence. Kuchkoravi’s conviction and death sentence, originally imposed by a Kolhapur sessions court in 2021, were therefore confirmed.

Source: https://www.thehindu.com/news/cities/mumbai/bombay-high-court-upholds-penalty-of-a-man-convicted-in-murdering-his-mother-and-later-eating-her-organs/article68706727.ece#google_vignette

The Death Penalty Scenario in India

India is one of 193 countries that retains the death penalty. Some judges have delivered landmark verdicts upholding the rights of death row prisoners, while debates continue advocating abolition or reform of sentencing policies. The Indian government remains committed to retention, asserting executions occur only in “rarest of rare” cases. The death penalty applies to crimes including murder, kidnapping, terrorism, desertion, inducement to suicide of a minor or mentally-retarded person, and in certain cases of rape. Outrage over child rape and murder has intensified these discussions. After an unofficial eight-year moratorium, the government executed Ajmal Kasab (Mumbai attacks) in 2012 and Afzal Guru (Parliament attack) in 2013, both covertly and immediately after mercy petitions were rejected. Prior to this, Dhananjoy Chatterjee was executed in 2004 after 13 years on death row. Following these, many mercy petitions have been rejected, creating fear among death row convicts. Courts continue to hand down death sentences at an increasing rate. Empirical studies highlight the plight of death row prisoners. The India Exclusion Report 2017-18 found fair trial rights largely denied, with convicts often marginalized by caste, religion, poverty, and education. The Death Penalty Research Project (2015) documented socio-economic profiles and experiences of death row prisoners. Dr. Reena Mary George’s studies (2014, 2009) emphasized poverty, social exclusion, and dignity as central to death row experiences, and examined the human rights impact of the penalty. According to the National Crime Records Bureau 2015, 101 prisoners were on death row, with many sentences commuted to life. The “rarest of rare” doctrine introduced by the Supreme Court in the 1980s has not substantially limited death sentences, which have increased over the decades. Justice Joseph (2018) reaffirmed the Bachan Singh judgment but urged restriction of the death penalty to only those cases meeting its criteria. While updating the blog and conducting my own empirical studies, I observed the heinous nature of the crimes that were committed and thought about the families, about their loss, about the victims who for no fault of their own died. If I lost my relative or a dear friend, would I still oppose death penalty and would I still advocate to abolish the death sentence? Having worked in the criminal justice system and also having the seen the other side, where often it is the marginalized, vulnerable and oppressed who are on death row makes me want to advocate for abolition of this punishment. Victims should definitely get justice for their loss, for their pain. No one should escape the rule of law. As long as humanity exists; crime will exist. Should we not re-consider our sentencing policies? Reena Mary George