Abolish Death Penalty India: R. David

Tuesday, December 25, 2018

Court awards death sentence to man convicted of rape and murder of infant (Manipur)

IMPHAL | Jul 31, 2018 :

In a landmark judgment special judge of POCSO, Senapati, A. Noutuneshwari Devi, today awarded death penalty to a 21-year-old man, by hanging till death for rape and murder of a 4 year old girl three years ago.

R. David, 21 year old man

This is the first death sentence awarded to a convict in Manipur post-independence of the country. The last death sentence was awarded to three war heroes of Manipur by the British in August 13, 1891, for waging war against the Empire. The court announced the judgment a day after 21 years old, R. David was convicted under section 6 POCSO Act and 302 IPC for committing the crime. As per police report it was Christmas day 2015, when the 4 year old victim was raped and murdered at stable in the vicinity of Maram Kavanam Village.

The convict was arrested on December 27, 2015 after the Mao police took up a suo motto case in connection with the rape and murder of the minor girl. According to police report, the crime committed by the accused was all known by the villagers but it was settled through customary law between the two families after compensating for the death. “In fact, it is one of the rarest of the rare cases which happened in a remote village and without considering the gravity of the offence committed, the victim was buried following customary practice. If such an offence committed by the convict is taken lightly then there will be no safe place for our children in the society”, said the judgment order of the court.

Following the suo motto, on December 28, 2015 the body of the deceased girl was exhumed and post mortem conducted in presence of a magistrate. Signs of strangulation and sexual assault then was establashed. On July 5, 2018, the court framed charge against the accused under section 6 POCSO Act and 302 IPC after examining 21 witnesses. “There is no mitigating factor to deter in other alternative punishment. In my considered view, maximum punishment should be awarded and it should be any eye opener for the society at large in order to prevent such brutal and heinous crime in our society. This court has delivered justice to the victim as well as to the society through earnest effort given by the investigation agency especially the then 2nd OC of Mao police station”. The court also recommended for awarding the compensation of Rs. 25 lakhs to the deceased mother as per NALSA.

Source: https://www.ifp.co.in/page/items/51035/court-awards-death-sentence-to-man-convicted-of-rape-and-murder-of-infant/ (Accessed 25 December 2018)

Court awards death sentence in 2015 rape, murder case; first in state since Independence (Manipur)

Written by Jimmy Leivon |Imphal |Updated: July 31, 2018 8:44:50 pm

According to the police report, the villagers knew about the crime which was settled in a hushed way by compensating the parents of the victim internally.

R. David, 21 year old man

A district court in Manipur on Tuesday awarded death penalty to a 21-year-old man in a 2015 rape and murder case of a 4-year-old girl. The sentence is first of its kind in the state since independence. Special judge, POCSO, A. Noutuneshwari Devi, announced the verdict a day after R David was convicted under section 6 of POCSO Act and section 302 of IPC. As per the police report, the victim was raped and murdered at a stable in the vicinity of Maram Kavanam Village in December 2015. The convict was arrested two days later after the Mao police station registered a suo motu case.

According to the police report, the villagers knew about the crime which was settled in a hushed way by compensating the parents of the victim internally. Following the registration of the case, the body of the deceased girl was exhumed and a post-mortem was conducted in the presence of a magistrate. The reports concluded sexual assault and death from strangulation. Charges against David were framed on July 5, 2018, after examining 21 witnesses during the course of the hearing.

Source: https://indianexpress.com/article/north-east-india/manipur/manipur-court-awards-death-sentence-in-2015-rape-murder-case-first-in-state-since-independence-5285228/ (Accessed 25 December 2018)

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