Abolish Death Penalty India: Telangana High Court Commutes Death Sentence of 62‑yr‑Old Rapist to life term

Friday, December 13, 2024

Telangana High Court Commutes Death Sentence of 62‑yr‑Old Rapist to life term

Pinto Deepak | Dec 13, 2024

Key Facts & Summary — HC Commutes Death Sentence of 62‑yr‑Old Rapist

Accused: Gafafar Ali, a 62‑year‑old migrant worker. The Times of India
Location: Originally tried in Sangareddy district, Telangana. The Times of India
Crime: In October 2023, Ali raped and killed a 5‑year‑old girl working at the same construction site where he was employed. He lured her with treats, gave her a drink laced with alcohol, took her to a nearby field, then committed the offence which led to her death. The Times of India

Trial Court Sentence

The Sangareddy Sessions Court convicted Ali and awarded him the death penalty, calling the crime a “rarest of rare” case. The Times of India

High Court Decision

A Division Bench of the Telangana High Court (Justice K. Surender and Justice Anil Kumar Jukanti) upheld the conviction but commuted the death sentence to life imprisonment. The Times of India
The High Court’s reasoning included:
- Ali’s age (62) and lack of prior criminal history.
- The fact that the victim died from trauma and shock due to the rape, rather than a deliberate act to kill her afterward to destroy evidence.
- Based on legal principles and Supreme Court directions on mitigation, the bench found that this did not qualify as a “rarest of rare” case warranting execution. The Times of India

Terms of Imprisonment

The High Court also ordered that Ali should not be eligible for premature release or remission before serving 30 years in prison and not eligible for parole for 15 years. The Times of India

Outcome

Death sentence → Commuted to life imprisonment with strict non‑remission conditions. The Times of India
The High Court confirmed guilt but concluded the death penalty was not appropriate under the legal standards. The Times of India

Source: https://timesofindia.indiatimes.com/city/hyderabad/hc-commutes-death-sentence-of-62-yr-old-rapist-to-life-term/articleshow/116263262.cms

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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