Man gets death sentence in rape and murder case

Press Trust of India  |  Krishnagar (WB)  

April 29, 2014 Last Updated at 19:40 IST

A man was sentenced to death by a Nadia district court for raping and killing a minor girl. 

Additional District Session Judge Parthasarathi Mukhopadhyay yesterday awarded capital punishment to Bimal Sardar (24) and imposed a fine of Rs 2.20 lakh. According to prosecution, the victim girl, a student of class VII, did not return home after completion of her examination on June 10 last year. 

Locals then beat him up and handed him over to the police.

Her almost naked body, with the throat slit, was found in a field the next day by Sardar who informed local people about it. 

The locals, however, got suspicious of Sardar's behaviour and started grilling him. At one point of time, he broke down and confessed that he had raped and killed her. 

Source:http://www.business-standard.com/article/pti-stories/man-gets-death-sentence-in-rape-and-murder-case-114042901266_1.html [accessed on 2nd May 2014]

Death for Kerala child rapist-killer

Thursday, 01 August 2013 | PNS | Malappuram

A court in Kerala’s Malappuram district on Wednesday sentenced a middle-aged man for raping and murdering a nine-year-old girl. 
Pronouncing the death sentence on rapist-killer Abdul Nasser of Palambarambath, Nellikkuthu in the district, the Malappuram District and Sessions Court in Manjeri observed that the accused did not deserve even a speck of mercy. It had pronounced Nasser guilty of the crime the other day.The court said that the sentence should serve as a warning to many in the context of the increasing incidents of atrocities against children. Nasser had raped and killed nine-year-old Salva, daughter of Suhra of Elluparambu on April 4, 2012.
According to the prosecution, Nasser had raped Salva when she had come to his house at 6.30 am on the day of the crime to call his daughter Majida, her classmate, to go to the local Madrassa.Nasser, who was alone in the house as his wife and daughter had gone to a nearby house where a death had occurred, called her inside the house and raped her.
After raping the child, Nasser strangulated her using a shawl when she said she would inform her parents of the incident. He then hid the child’s body first in the kitchen and then in the bath room, the prosecution said. Nasser said that he had nothing to say when the court asked him for his response to the sentence. Salva’s mother Suhra said she had expected the court’s decision.
The prosecution had charged Sections 376 (rape), 301 (murder) and 201 (destruction of evidence) of the Indian Penal Code against Nasser. The court found Nasser guilty of the first two charges but observed that the prosecution had not been able to prove the charge of destruction of evidence.
The prosecution had produced in the court evidences like bloodstains of Salva found from Nasser’s house, the shawl with which he had strangulated the girl, etc. As many as 46 witnesses were examined in the case.

Source : http://www.dailypioneer.com/nation/death-for-kerala-child-rapist-killer.html

Batla House convict gets life term

New Delhi, July 30, 2013 Mohammad Ali

Shahzad Ahmad fined Rs. 95,000, and Rs. 40,000 from the sum will be given to the family of the inspector killed in the encounter

Shahzad Ahmad, convicted for his role in the 2008 Batla House encounter, was sentenced to life imprisonment by a court here on Wednesday.

The court also imposed a fine of Rs. 95,000 on him, and Rs. 40,000 from it will be given to the family of Special Cell Inspector M.C. Sharma, who was killed in the encounter. S. Qamar, one of the lawyers of Shahzad, said he would appeal against the verdict in higher courts.

On Thursday, the Court of Additional Sessions Judge Rajender Kumar Shastri convicted Shahzad, 25, for firing at police officers, causing the death of Sharma.

The Delhi Police had sought the death penalty for Shahzad, arguing that his crime constituted the rarest of rare cases and there was “no scope for [his] rehabilitation and reform.” The court, however, rejected the prosecution’s plea. “Ruminating on the facts of the case and the circumstances of the convict, I find mitigating circumstances more than aggravating ones, and hence the case … is not a ‘rarest of the rare case,’ which warrants the death penalty upon the convict,” the judge said.

One of the aggravating circumstances which the court cited includes attempts by Shahzad to obstruct police officers from doing their job by attacking them and killing Sharma in the process. Rejecting the police argument that Shahzad had a history of “heinous crime,” the judge expressed the hope that there “are chances of his being reformed and return to the mainstream of society.”

“Admittedly, this convict has not been found guilty till now, of any offence he has been charged with. An accused is presumed innocent till he is proven guilty is an oft-cited tenet of law. God willing, the convict would have learnt values of civilised society,” the judge added.

One of the several mitigating circumstances was that “the convict is a young boy, aged 24-25 years, stated to be a student.” Another factor was that the incident at Flat No. 108, L-18, Batla House, was “not premeditated and occurred in the spur of the moment.”

The encounter took place on September 19, 2008 between officers of the Special Cell of the Delhi Police and suspected terrorists, resulting in the death of Sharma and two alleged terrorists. Shahzad was said to have fired at the police party while fleeing. 

Source : http://www.hindustantimes.com/India-news/NewDelhi/Shahzad-Ahmed-gets-life-term-in-Batla-House-encounter-case/Article1-1100637.aspx

Justice delivered in 8 days; court awards death sentence to man for rape, murder

Press Trust of India | Updated Jul 23, 2013 at 03:48pm IST

 In a speedy trial, a 26-year-old man was sentenced to death by a local court for raping and killing a six-year-old girl in Datia in April this year.
District and Sessions Judge Rajiv Sharma, while awarding the death penalty on Monday, observed that people like Kamlesh Kushwaha (the accused) are "cancerous" to the society and hence its necessary to eliminate them in the same manner just as doctors remove cancer tumours surgically for saving people's lives.
The hearing in the case began on July 15 and it was completed in only eight days, according to public prosecutor Rajendra Tiwari. On April 18, Kushwaha, a resident of Maheba village raped and murdered the girl belonging to Dongarpur village. 
Kamlesh, who was living in Dongarpur with a relative took the girl to a farm on some pretext and committed the crime. Postmortem reports had confirmed rape and also 21 injuries were found on the girl's body following which the accused was arrested.

Source : http://ibnlive.in.com/news/justice-delivered-in-8-days-court-awards-death-sentence-to-man-for-rape-murder/408822-3-236.html

Baig files appeal in HC against death sentence - Pune sessions court had handed down five-time death sentence to the Indian Mujahideen operative from Beed two months ago

Vijay ChavanPosted On Friday, June 21, 2013 at 08:06:04 AM

Two months after being awarded a five-time death sentence, Indian Mujahideen (IM) operative from Beed, Mirza Himayat Inayat Baig (32), has filed an appeal in the Bombay High Court (HC) against his conviction by the Pune sessions court.

Considering it as the rarest or rare crime, the court of additional sessions judge N P Dhote had awarded the death sentence to Baig on April 18 for playing a major role in the blast at the German Bakery blast on the busy North Main Road in Koregaon Park.

The blast, that had ripped through the popular eatery on February 13, 2010, had killed 17 people and injured over 60 others. Baig filed the appeal through his lawyers, advocates A Rehman and Kainat Shaikh.

Shaikh confirmed that they have filed the appeal, adding, “We are waiting for the HC to admit the appeal on the next date, which is yet to be confirmed. We are hopeful that the judicial procedure will be completed as soon as possible to give some relief to the convict with reduction in the sentence awarded to him.” Shaikh said, “Baig is yet to receive notice from the HC since the state government has filed an application of confirmation of his death penalty.

As per rules, this is mandatory.” On being asked about the grounds on which the appeal has been filed, Shaikh said it would be too soon now to reveal all the details that they are going to put before the court during the appeal hearing.

The court had awarded the capital punishment to Baig under sections 302 and 120(B) of the Indian Penal Code (IPC), 16(A) of Unlawful Activities (Prevention) Act (UAPA), and section 3 of Explosive Substances Act.

Baig, the lone arrested accused, was found guilty of terrorist activities such as planting the bomb and hatching a conspiracy against the nation. The court had accepted the prosecution’s contention that it was a “carefully planned and executed attack, calculated to terrorise the public in general by causing extensive damage to life and property.

Its primary objective was to undermine and reduce faith of the common citizen in the elected government and destabilise the system of law”.

Main culprits still at large.

The ATS has named six other accused —Ahmad Siddibappa Zarar alias Yasin Bhatkal, Riyaz Ismail Shahbandri alias Riyaz Bhatkal, Iqbal Ismail Shahbandri alias Iqbal Bhatkal, Mohsin Choudhary, Fayyaz Kagzi alias Zulfikar Fayyaz Ahmad and Sayyad Zabiuddin Sayyad Zakiuddin Ansari alias Zabi. Ansari was recently arrested in the 26/11 Mumbai terror attack case.

Source : http://www.punemirror.in/article/2/2013062120130621080610324333dd325/Baig-files-appeal-in-HC-against-death-sentence.html?pageno=1

Two sentenced to death for rape and murder

Vaibhav Ganjapure, TNN Jun 29, 2013, 01.05AM IST

NAGPUR: Seven years after a 19-year-old girl from Kalmeshwar was raped and murdered in a gruesome manner, the court on Friday sentenced the perpetrators — two hardened criminals — to the gallows. Rakesh Kamble (25), a resident of Gaurakshan slums in Wardha, and Amarsing Thakur (27), from Bajrang Nagar in city, were convicted for kidnapping, murder, and rape of Kanchan Meshram, a resident of Lonara slums in Kalmeshwar on December 18, 2005.
These two join seven others in the 'death penalty' club of Nagpur court over the last five years.
Looking at the past criminal record of the accused duo, including fleeing from police custody, the third district and sessions judge Vibha Ingle had no hesitation in putting the dastardly act under "rarest of rare" category. "They be hanged by neck till dead," the court mentioned while reading out an operative order in the packed courtroom.

Apart from the capital punishment, the duo was awarded lifer for gang rape, 20 years rigorous imprisonment for kidnapping for murder and another 10 years for criminal intimidation and trespassing into house at night. They were also fined Rs 22,000 on various counts. All the jail terms will run concurrently, the court ordered.
However, the duo was acquitted of charges under the Arms Act and Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Citing testimony of 19 witnesses, including the girl's parents, brother and other villagers, assistant public prosecutor (APP) Kalpana Pande strongly advocated the maximum punishment, contending that the accused were serial offenders and showed no signs of reformation.
Security was tight inside and outside the courtroom, considering the fact that the accused duo had a history of fleeing from custody and had created trouble every time they were brought for a hearing. Even Sadar PI Rajratan Bansod was personally present. There was no remorse on the faces of the convicts when the verdict was announced and they even threatened media persons with dire consequences.
The night of horror
Pande said the history-sheeter duo were friends with a cousin of the deceased and used to tease her. A few days before the incident, Kanchan had even rapped Rakesh for indecent behaviour and thrown a slipper at him. An enraged Rakesh then decided to teach her a lesson. He barged into the girl's small hut with Amarsing at about 3am, when she was sleeping with her parents and brother. Both were armed with knives and a country-made revolver.
Sensing trouble, Kanchan's mother signalled her to escape. She ran away from home and took shelter under the bed in her uncle's house. However, the goons entered by breaking open the front door and dragged her out. Her parents and other villagers tried their best to stop them, but the goons brandished their weapons to keep them at bay while taking her away.
Next morning, Kanchan's naked body was found at a nearby farm with 14 injuries, including stab marks and scratches on her private parts. Her blood stained clothes were lying all over the farm and blood was found splattered at many places, providing ample testimony of the spine chilling torment she underwent. The post mortem report confirmed her rape and murder.
The accused had fled to an unknown place after committing the crime. After a complaint was lodged at Kalmeshwar police, Rakesh was arrested at Khamgaon in Buldhana on June 6, 2006, six months after the incident. However, it took over five years for the police to nab the other accused Amarsing on May 29, 2005. In fact, he was arrested by Gwalior police for some other offence and was brought to the city for this case.

Source : http://articles.timesofindia.indiatimes.com/2013-06-29/nagpur/40270825_1_duo-nagpur-court-slums

Thane: Court awards death penalty to man who raped, murdered 5-year-old girl

Press Trust of India | Updated Jun 07, 2013 at 05:36pm IST

Thane: In a speedy trial, a 53-year-old man was on Friday sentenced to death by a court here for raping and murdering a five-year-old girl in January 2013. Thane Additional Sessions Judge PH Mali while pronouncing the verdict observed that the case fell under the "rarest of rare" category as the girl had been done to death in the most cruel manner and a young life was snuffed out.
Prosecutor Sangeeta Phad had sought death penalty for accused Dattu Ambo Rokade, from Koprigaon in Vashi, stating that such an inhuman act deserved nothing less than capital punishment. Also, circumstantial evidence and statement of the wife and son of Rokade, that he was capable of committing such a heinous act, nailed him.
The crime took place on January 22 this year when the minor girl was playing in the ground near her house while her elder brother and sister were watching TV. Her parents had gone to work, investigating officer in the case API Pushpa Chavan-Dighe told the court.
Rokade lured the girl to his house and then sexually assaulted her, Dighe said. When the parents of the victim were unable to trace her, they lodged a police complaint. The following day, during the early hours, they found their dead daughter dumped at their house entrance in a disrobed state.
The accused, after raping the girl, had strangulated her to death and packed her in a gunny bag. He hid the body in a garbage bin before leaving her in front of her house, the court was told.
The accused was charged under sections 302, 376, 377, 201 and 367 of IPC and also under section 4 and 5 of The Protection of Children from Sexual Offences Act. A total of 27 witnesses were examined in the case. During the trial, the court was told by locals that they had seen a old man carry a gunny bag into the building compound that day.
The accused was staying near the house of the victim and took care of his widowed daughter's kids. He was reportedly driven out of Murbad in Thane, where he attempted rape on a school teacher.
This is the second capital punishment awarded by a Thane court in less than a month. On May 16, an industrial worker Shekar Gupta, (22) who was found guilty of sexually assaulting and killing an eight-year-old, was given death by Additional Sessions Judge AA Sayeed.

Source :  http://ibnlive.in.com/news/thane-court-awards-death-penalty-to-man-who-raped-murdered-5yearold-girl/397022-3-237.html

Two given death sentence in Bihar

16 April 2013 Press Trust of India DARBHANGA, 16 APRIL: A district court today sentenced two persons to death for killing a petrol pump owner and two others during a robbery in Bihar's Darbhanga district two years ago.
Additional District and Sessions Court judge SP Pandey also fined the convicts Rs 10,000 each.
The court acquitted one person for lack of evidence while another is absconding.
Another accused is facing trial in a juvenile court.
Three persons, including the owner of the petrol pump, were shot dead when they resisted a robbery in 27 January, 2011 at Nehra village under Manigachi police station area.
Source : http://www.thestatesman.net/index.php?option=com_content&view=article&id=452360&catid=36

Tantrik Gets Death Penalty for Sacrificing Boy

APR 15, 2013 Chhattisgarh: A local court today awarded the death sentence to a tantrik for killing an 11-year-old boy as sacrifice to a deity in Raigarh district of Chhattisgarh.

"The additional district and sessions judge (II class) Ashok Kumar Sahu found the occultist Dilip Rathiya (32) guilty of the crime and pronounced the judgement," prosecution lawyer Anil Kumar Shrivastava told PTI.

"The court has also slapped fine of Rs 15,000 on the convict," he added.

While pronouncing the verdict, the court observed that Rathiya deserved severe punishment for the heinous crime.

According to Shrivastava, on the intervening night of February 5 and 6, 2012, the victim named Praveen, a native of Barpali village under Gharghoda police station limits, was visiting a fair along with his relatives on the occasion of Saraswati puja.

Rathiya found the boy there, took him to his house and killed him by slitting his throat as sacrifice to a goddess.

The convict later buried the boy's head in the courtyard of his house, where he was performing the rituals, while the body was dumped in a nearby jungle.

When the child did not come back home, his family members lodged an FIR on February 6, 2012.

Rathiya was arrested during police investigation and the child's body later exhumed.

Source : http://m.outlookindia.com/story.aspx?sid=1&aid=795487