Man Given Death Sentence For Killing Differently-Abled Younger Brother (Rajasthan)

All India | Press Trust of India | Updated: May 28, 2019 12:34 IST (Jaipur)

Ram Prasad Sahu, who had earlier served jail term in another case, was held guilty under section 302 of the Indian Penal Code for brutally killing his younger brother, Moti, in front of a huge mob on February 23, 2017.

A 42-year-old man has been awarded death sentence by a local court for killing his disabled younger brother.  The court of additional district and session judge, Jaipur metropolitan no. 14, awarded death penalty to Ram Prasad Sahu on Monday. Mr Sahu, who had earlier served jail term in another case, was held guilty under section 302 of the Indian Penal Code for brutally killing his younger brother, Moti, in front of a huge mob on February 23, 2017.

"The judge observed that there is no chance of improvement in his conduct and he is a threat to the society," public prosecutor Alok Sharma said. The incident had occurred in Bhatta Basti area of the city. Mr Sharma said that the man had placed his foot over the body and smoked a bidi next to it. Mr Sahu has served 14-year imprisonment in another case earlier. Besides, six other cases are also pending against him.

Source: https://www.ndtv.com/india-news/jaipur-man-given-death-sentence-for-killing-disabled-younger-brother-2044055 (accessed on 30 May 2019)

Two death penalties to convict for raping and murdering two-year-old (Maharashtra)

By Express News Service |Nagpur |Updated: August 15, 2015 3:39:00 pm

Shatrughan Masram, 21, the child’s maternal uncle, had committed the crime February 11, 2013 at Zatala in Ghatanji tehsil of Yavatmal.

A Court in Yavatmal has convicted a person of brutally raping and murdering a two-year old girl and has sentenced him to two death penalties and two life sentences. While one of the two death sentences has been awarded under Section 302 of the IPC, the other has been handed down under the amended Section 376, now called 376 (a). The two life sentences were granted under 376 (2) (f) (I) (m) (rape by familiar person) and Protection Of Children from Sexual Offences Act.

This is probably the first anywhere that death sentence has been awarded under amended rape law. Shatrughan Masram, 21, the child’s maternal uncle, had committed the crime February 11, 2013 at Zatala in Ghatanji tehsil of Yavatmal. He had taken away the two year old child from the house of Pundlik Masram where the parents had kept her for some time. He was caught by the parents when they looked for the daughter after coming to know that she was taken away by Masram. The couple rushed their daughter to a hospital where she was declared brought dead. She had several bite marks on her body, indicating the brutality of the crime.

Sessions judge A C Chaphale termed it as “rarest of the rare case” and that the convict deserved the gallows since he had no chance of any reform given the brutality and depravity showed and was a threat to the society.

Source: https://indianexpress.com/article/india/maharashtra/two-death-penalties-to-convict-for-raping-and-murdering-two-year-old/ (Accessed on 18 December 2018)

Delhi: 56-year-old's death penalty commuted to life term for child rape, murder

Nov 04, 2014 at 05:48pm IST Press Trust of India

New Delhi: A 56-year-old man, facing gallows for brutally raping and murdering a three-year-old girl, has been spared death penalty by the Delhi High Court which has commuted it into life term. The court considered a report of probation officer (PO) on possibilities of reformation and rehabilitation of convict Bharat Singh and concluded that he can be "reformed".

The high court on April 17 had upheld the conviction and sentence awarded to Singh for raping the minor. However, it had deferred its decision as to whether Singh can be sent to the gallows for murder, as awarded by the trial court, or serve life imprisonment. A bench of justices S Muralidhar and Mukta Gupta, which was to decide on the appeal of Singh and the death reference plea of the state, had asked the Delhi government to appoint a probation officer for giving a report as to whether there was any chance of convict being "rehabilitated or reformed" or if he is still a threat to the society."... Relevant to the present case, the court notes the positive feedback received by the PO from the jail authorities as regards the appellant's (Singh) conduct in jail and his preparedness to render services to his old and ailing inmates.

"In light of the above reports, the court is persuaded to conclude that there exists a probability that convict can be reformed and rehabilitated. He has been in custody only since April 2011. In the course of his serving imprisonment for life, there would be sufficient opportunity to evaluate the positive effects of the correctional measures," the court said.

The lower court had on January 15, 2013 awarded death penalty to Singh for the murder and life imprisonment for the rape of the child, saying the case "fell in the category of rarest of rare cases warranting the capital punishment". The judge said, "His continued incarceration would ensure that he would not commit criminal acts as would constitute a continuous threat to the society." "Consequently, the court declines to confirm the death sentence recommended to be awarded to Singh by the trial court and instead sentences him to imprisonment for life for the offence under Section 302 (murder) IPC," the court said, adding that the fine amount of Rs 50,000 for the offence under Section 302 IPC "is left unaltered".

The girl, who went missing on April 9, 2011 from her home, was kidnapped by the convict, a private security guard posted at a farm house, and was raped in the guards' room there. The medical report said the victim was not murdered after the rape, rather she died due to "neurogenic shock caused by forceful and painful sexual intercourse". The high court while upholding Singh's conviction relied on the DNA test reports that proved that it was the convict who had ravished the little girl. The court, however, concurred with the submissions of the defence lawyer that the death penalty cannot be awarded on the sole ground that the offence was grave in nature.

Taking note of the report, the court said, "The report of the Medical Board of IHBAS, which has been referred to in the Social Investigation Report (SIR) of the PO gives a definitive unanimous conclusion that there is nothing to suggest that Singh cannot be reformed and reintegrated, and put on to the reformative process through social correctional measures."

"The PO has mentioned in the SIR that a second review should be undertaken after imparting social and correctional measures. In this regard the court would like to draw the attention of the prison authorities to the 'Introductory Handbook on Prevention of Recidivism and Social Integration of Offenders' brought out in December 2012 by the United Nations Office on Drugs and Crimes. "Chapter IX of the said document has a section focusing on social reintegration of elderly prisoners," the judge said.

Indian SC upholds death sentence for LeT militant

NEW DELHI: India came down heavily on captured Lashkar-e-Taiyaba (LeT) militant Mohammad Arif who was involved in an attack inside the Red Fort in New Delhi in December 2000 that resulted in the killing of three Indian Army personnel.

One of the few terrorist attacks in the heavily fortified heart of Delhi, Arif – a Pakistani national – was the leader of the group that masterminded the attack. He was captured along with his wife within days of the attack. His trial was conducted in a lower court that awarded him the death penalty.

On Wednesday, the Supreme Court – beyond which there is no appeal – confirmed the punishment, upholding the death sentence.
Arif had appealed to the Delhi High Court in 2007 against the death sentence handed by a lower court; however the High Court, too, confirmed the sentence.

On December 22, 2000 two Lashkar militants sneaked into the Red Fort and opened fire on guards of the Seventh Battalion of Rajputana Rifles killing two jawans and one civilian. On December 26, Arif alias Ashfaq and wife Rehmana Yusuf Farooqui were arrested.

A trial court in November 2005 awarded Arif the death sentence and Additional Sessions Judge OP Saini also fined Arif INR435, 000.

The Delhi High Court in 2007 upheld the trial court’s life sentence for Arif, and acquitted the other accused, including his Indian-born wife.
The others had served their sentences by then.

Saini handed down the judgment to Arif under various sections of the Indian Penal Code for waging war against India. Arif’s wife was sentenced to seven years’ rigorous imprisonment for sheltering her husband “before and after the incident”. A father-son duo – Nazir Ahmed Qasid and Farooq Ahmed Qasid – were sentenced to life and fined INR100,000 for criminal conspiracy in the case. Justice Saini also sentenced Babar Mohsin Baghwala, Sadaqat Ali and Matloob Alam to seven years’ imprisonment for their complicity in the attack.
The LeT militant was sentenced to death under Section 121 (waging war against the country) and Section 302 (murder).

Source: http://thecapitalpost.com/indian-upholds-death-sentence-militant-p-6374.html
The Capital Post
Washington DC based Daily Newspaper