High Court commutes rapist’s death sentence to life (Madhya Pradesh)

Written by Milind Ghatwai |Bhopal |Published: November 2, 2018 4:57:50 am 

Touheed Shoukat, accused of raping a three-year-old girl near Chhatarpur in April, was awarded the death penalty by the IV additional sessions judge, Chhatarpur, on August 6 after a speedy trial.

The Madhya Pradesh High Court on Thursday commuted the death sentence awarded to a 19-year-old man charged with raping a minor, observing that it is not appropriate to award the death penalty in every case. Touheed Shoukat, accused of raping a three-year-old girl near Chhatarpur in April, was awarded the death penalty by the IV additional sessions judge, Chhatarpur, on August 6 after a speedy trial. Shoukat’s father did not have money to engage a lawyer to defend his son. The court provided him an advocate under free legal aid, but the advocate could not even visit the scene of crime, more than 60 km from Chhatarpur, because he did not have money.

“To award death sentence, some factors like age of the culprit and manner of commission of offence and possibilities of reformation of the accused are necessary to be considered,” said the division bench of Justices S K Seth and Anjuly Palo, while deciding the criminal reference for the confirmation of death sentence.

Source: https://indianexpress.com/article/india/madhya-pradesh-high-court-commutes-rapists-death-sentence-to-life-5430360/ (Accessed 25 December 2018)

Youth convicted of raping 7-month-old, first in Rajasthan under new law

Written by Hamza Khan |Jaipur |Updated: August 20, 2018 1:29:49 pm 

The conviction comes within 70 days of the incident. Special Judge Jagendra Kumar Agarwal, of the SC/ ST Court in Alwar, took 12 hearings over 22 days.

Pintu, 19 year old (Rajasthan)

IN THE first conviction in Rajasthan under the strict provisions of the Criminal Law (Amendment) Ordinance, 2018 — which awards death penalty to those convicted of raping girls under 12 years — a 19-year-old youth has been convicted of raping a seven-month-old girl. The conviction comes within 70 days of the incident. Special Judge Jagendra Kumar Agarwal, of the SC/ ST Court in Alwar, took 12 hearings over 22 days. While the youth was convicted on Wednesday, the court is set to pronounce the sentence Saturday. Rajasthan DGP O P Galhotra confirmed that this is the first conviction in the state under the Criminal Law (Amendment) Ordinance, 2018. The Ordinance was brought in on April 21, in the wake of the outcry over the gangrape and murder of an eight-year-old Bakarwal girl in Kathua (J&K) and the alleged rape of a 17-year-old girl in Unnao (UP).

The Union Cabinet Wednesday approved the Criminal Law (Amendment) Bill, 2018, to be introduced in the monsoon session of Parliament, which will replace the Ordinance. Under the Bill, the punishment for raping girls under 12 years old is 20 years to life term with fine, or death penalty. The Alwar incident dates back to May 9, when the seven-month-old’s father had, in a complaint to the police, accused the youth, Pintu, of raping the child. He said the baby had been left in the care of a blind relative. “When I returned home in the evening, only my relative was there …She told me that our neighbour, Pintu, had taken my daughter away half-an-hour ago, and hadn’t returned,” he said in the complaint. “The child was found crying in a football field, about a kilometre away from our home. Pintu had raped her and she was bleeding,” he said. 

Pintu was caught within hours, and a case was lodged under IPC Sections 363 (kidnapping), 366A (procuration of minor girl) and relevant sections of the POCSO Act at Laxmangarh police station in Alwar. The child’s medical report confirmed rape, and the accused also confessed to his crime, said officials. The police investigation was completed in 27 days and a challan was filed in the court under IPC Sections 363, 366A, 376AB, 376 (2), as well as sections of the POCSO Act. Section 376AB was introduced in the Ordinance and deals with punishment for rape of child under 12 years. On March 9, the Rajasthan Assembly passed a Bill to provide for death penalty for raping a girl child below 12 years . The Bill is currently pending with Centre.

Source: https://indianexpress.com/article/india/youth-convicted-of-raping-7-month-old-first-in-rajasthan-under-new-law-5266758/ (Accessed 25 December 2018)

MP assembly passes bill awarding death for rape of girls aged 12 or less (Madhya Pradesh)

Written by Milind Ghatwai |New Delhi |Updated: December 5, 2017 3:58:07 am 

"The people who rape 12-year-old girls are not humans but devils. They don't have the right to live," says Chief Minister Shivraj Singh Chouhan.

The Madhya Pradesh assembly on Monday unanimously passed a bill that will see rapists of girls 12 years or below being hanged till death. The move comes after the Shivraj Singh Chouhan Cabinet approved the bill last week. Called Dand Vidhi (Madhya Pradesh Sanshodhan) Vidheyak, 2017, the bill will be sent to the Centre and will need the assent of the President to become a law. The development comes after the latest NCRB report revealed that Madhya Pradesh recorded the highest number of rape cases in the country. The bill proposes death penalty or a minimum term of 14-year rigorous imprisonment or life imprisonment till death for raping girls aged 12 or less. The minimum punishment increases to 20 years rigorous imprisonment for gang rape of girls aged 12 or less.

The bill also proposes punishment for disrobing, stalking or sex on the pretext of marriage. The jail term increases for second or subsequent offences. Speaking to ANI on the bill, Chief Minister Shivraj Singh Chouhan said those who rape minor girls were not humans but devils and they didn’t have the right to live. “Jo log 12 saal ki masoom bachhi ka balatkaar karte hain wo manushya nahi pishach hain unhe jeene ka adhikaar nahi (The people who rape 12-year-old girls are not humans but devils. They don’t have the right to live),” Chouhan said. Giving details about the bill, the chief minister also said repeated stalking would be a non-bailable offence and offenders would be punished. The government had mooted the bill after a 19-year-old woman was allegedly abducted and raped by four men near railway tracks in the vicinity of Bhopal’s Habibganj train station on October 31 when she was returning home after attending her coaching classes, leading to widespread protests across the state. The police too came in the line of fire after it was found that they had delayed in registering the FIR.

The bill proposes terms ranging between three and seven years for harassment (first offence). For second and subsequent offences, the minimum jail term will be seven to 10 years and a fine of Rs 1 lakh. Stalking will invite jail term of three years for the first offence. Second and subsequent offences will be punished with minimum three years and maximum seven years in jail and fine of Rs 1 lakh. Another proposed amendment says bail will not be granted to those accused of crimes punishable with seven or more years before hearing the public prosecutor. Assault with intention to disrobe or use of force will be punishable with three or more years for first offence. The term will increase to minimum seven years for second and subsequent offences but the maximum term will be 10 years. Living in or having sex on the pretext of marriage will be punishable with a term up to three years or a fine.

Source: https://indianexpress.com/article/india/madhya-pradesh-assembly-passes-bill-awarding-capital-punishment-to-rapist-of-girls-below-12-years-of-age-4967372/ (Accessed 23 December 2018)