SC commutes death penalty of man who raped killed 3-yr-old girl (Maharashtra)

PTI December 12, 2018 18:22 IST

New Delhi, Dec 12 (PTI) The Supreme Court on Wednesday commuted the death sentence awarded to a man for raping and murdering a three-year-old girl in 2007 and directed that he be not released from jail for the "rest of his normal life". 

A bench headed by Justice Madan B Lokur observed that the trial court, the Bombay High Court and also the apex court had earlier not taken into consideration the probability of reformation, rehabilitation and social re-integration of the convict into society while awarding him death penalty. Rajendra Pralhadrao Wasnik was awarded death sentence by a trial court in Amravati in September 2008 for raping and murdering a minor girl in the intervening night of March 2-3, 2007. The trial court's verdict was upheld by the high court in March 2009 following which Wasnik had moved the apex court. The apex court had dismissed his appeal in February 2012 and later, his plea seeking review of the judgement was also rejected by the top court in March 2013.

However, in March 2015, his review petition was restored following a constitution bench judgement in which the apex court had held that appeals pending before it in death sentence cases be heard only by a bench of three-judges. While commuting the death sentence, the bench said the prosecution was "remiss in not producing the available DNA evidence and the failure to produce material evidence must lead to an adverse presumption against the prosecution and in favour of the appellant (Wasnik) for the purposes of sentencing". "For all these reasons, we are of opinion that it would be more appropriate looking to the crimes committed by the appellant and the material on record including his overall personality and subsequent events, to commute the sentence of death awarded to the appellant but direct that he should not be released from custody for the rest of his normal life," said the bench, also comprising Justices S Abdul Nazeer and Deepak Gupta.

Dealing with the aspect of death penalty, the bench said that the words - 'sentenced to death' - would have a chilling effect on anyone, including a hardened criminal and though the society demands such punishment, there was no conclusive study on its deterrent impact. It said there were views which suggest that punishment for a crime must be looked at with a more "humanitarian lens" and the causes for driving a person to commit a heinous crime must be explored. "There is also a view that it must be determined whether it is possible to reform, rehabilitate and socially reintegrate into society even a hardened criminal along with those representing the victims of the crime," it said. "These conflicting views make it very difficult for courts to take a decision and without expert evidence on the subject, courts are ill-equipped to form an objective opinion," the bench said.

Referring to various judgements rendered by the court earlier, the bench observed the law clearly and unequivocally mandates that probability that a convict can be reformed and rehabilitated in society must be seriously and earnestly considered by the courts before awarding death sentence. "Therefore, we should not forget that the criminal, however ruthless he might be, is nevertheless a human being and is entitled to a life of dignity notwithstanding his crime. Therefore, it is for the prosecution and the courts to determine whether such a person, notwithstanding his crime, can be reformed and rehabilitated," it said. The bench noted that there could be instances where the social re-integration of the convict may not be possible and in such a case, the option of a long duration of imprisonment was permissible. "In other words, directing imprisonment for a period greater than 14 years (say 20 or 25 years) could unquestionably foreclose the imposition of a sentence of death, being an alternative option to capital punishment," it said.

It said the remarkable technological advancements in forensic science and scientific investigations must be fully used and the "archaic methods" of probe must be given up. The court said mere pendency of one or more criminal cases against a convict cannot be a factor for consideration while awarding a sentence as it violates the fundamental presumption of innocence – a human right - that everyone is entitled to. "It must be appreciated that a sentence of death should be awarded only in the rarest of rare cases, only if an alternative option is unquestionably foreclosed and only after full consideration of all factors keeping in mind that a sentence of death is irrevocable and irretrievable upon execution," it said. The bench, while noting that there were more than one criminal case against the convict, expressed shock and anguish that he had the opportunity to commit the offences alleged against him on more than one occasion. "This could have been possible only if the appellant had been on bail and our shock and anguish is that in the background of the facts before us, the appellant was actually granted bail," it said.

Source: https://www.theweek.in/wire-updates/national/2018/12/12/lgd12-sc-death.html (Accessed 25 December 2018)

Man gets double death penalty for killing, raping stepdaughter (Madhya Pradesh)

Dec 18, 2018, 08:02 AM IST 

A court Monday awarded double death sentence under different sections of the IPC to a man for raping and killing a five-year-old girl, who was the daughter of his wife from an earlier marriage.

The incident took place in April this year and the sessions court in Jaora town in the district pronounced the verdict. According to the prosecution, the 42-year-old man was sentenced by Additional Session Judge O P Bohra under sections 376 (A-B) and 302 of the Indian Penal Code (IPC) for raping and murdering the girl. Last year, the Madhya Pradesh assembly passed a bill stipulating the death penalty as maximum punishment to those convicted for raping/gang-raping minors up to the age of 12 years.

The court also imposed a fine of Rs 15,000 on the convict and awarded him five-year rigorous imprisonment under other sections of the IPC, deputy director (prosecution) S K Jain said. The man had raped the victim at their home after locking her mother in a room. He later beat up the victim resulting in her death, he said. The court convicted the man on the basis of the statement given by the victim's mother and evidence submitted by the police, he added.

Source: https://www.dnaindia.com/world/report-mp-man-gets-double-death-penalty-for-killing-raping-stepdaughter-2697396 (Accessed 25 December 2018)

50-year-old gets death sentence for rape & murder (West Bengal)

By Suman Mondol

TNN | Nov 17, 2018, 06.32 AM IST

TAMLUK (West Bengal): A 50-year-old Haldia resident, Srimanta Tunga (50), was on Friday sentenced to death by Tamluk court a day after his conviction in the 2016 rape and murder of his 14-year-old domestic help. 

He was accused of repeatedly raping the minor girl before strangling her to death on August 8, 2016. After her death, Srimanta allegedly dragged the girl's body to the bathroom of his house, poured kerosene on it and set it ablaze. A casual worker of Haldia Dock Complex, Srimanta called the girl's family that day and told them that she was ill. Her mother and other relatives reached Srimanta's house and found her burnt body. Haldia police arrested Srimanta and charged him under sections 302, 376, 201 of IPC and section 6 of Pocso Act. Srimanta never got bail since his arrest as the chargesheet was filed within 90 days. 

Thereafter, the charges were framed and the trial was completed in about two years. Public prosecutor (PP) Abdul Mohit said, "The case was disposed off very quickly. Besides convicting and sentencing the accused to death, the Tamluk court has directed the state to pay Rs 5 lakh to the victim's family as compensation."

Source: https://timesofindia.indiatimes.com/city/kolkata/50-year-old-gets-death-sentence-for-rape-murder/articleshow/66662567.cms (Accessed 25 December 2018)

Man gets death sentence for raping, killing minor (Madhya Pradesh)

29 OCTOBER 2018 Last Updated at 8:27 PM | SOURCE: PTI

Raisen (MP), Oct 29 A Madhya Pradesh court on Monday awarded death sentence to a man for raping and killing a three-and-a-half-year-old girl, saying his barbaric crime showed that he even lacked sensitivities found in animals, according to the prosecution officer.

According to police, death sentence has been awarded in 14 cases involving minor victims in Madhya Pradesh in 2018, the highest number of capital punishments in child rape cases secured in a year in any state. Additional Session Judge of Gauharganj (Raisen district) Surekha Mishra convicted Jitendra Uike (24) here under IPC Sections 376 (A) (rape causing death) and 302 (murder) and sentenced him to death, prosecution officer Anil Kumar Tiwari said. He was also found guilty under other IPC sections as well as those of the Protection of Children from Sexual Offences (POCSO) Act, he added.

Accordingt to Tiwari, while delivering the verdict, judge Mishra observed that "even animals don't behave in such a manner with those who love them, but the convict has committed barbaric crime with the daughter of his nearest relative, who gave him shelter in his home. "His action shows that he not only lacks human feelings but also is not having sensitivities found in animals." The prosecution officer said that Uike was a close relative of the victim, who used to call him "chacha" (paternal uncle). On August 13 this year, the accused picked up the victim from her grandparents' home on the pretext of dropping the minor at her father's home.

However, en route Uike raped and strangulated her and then dumped the body in the forest, he said. Director General (Public Prosecution) Rajendra Kumar said capital punishment was awarded in 16 cases during this year in MP. Of these, 14 cases were related to rape, one of sodomy, all involving minor victims, and another of murder, he informed. "This is the highest number of capital punishments secured in a year in the history of Madhya Pradesh. No other state in India has secured so many capital punishment in child rape cases," he said.

Source: https://www.outlookindia.com/newsscroll/man-gets-death-sentence-for-raping-killing-minor-record-death-penalty-verdicts-in-child-rape-cases/1411871 (Accessed 25 December 2018)

Man gets death penalty for raping, murder a minor (Assam)

October 4, 2018

District and Session Court, Hailakandi , Assam awarded death sentence to murder and rape case accused of a minor tribal girl 

Hailakandi: The District and Session Court, Hailakandi awarded death sentence to murder and rape case accused of a minor tribal girl under Sections 376/302 IPC read with Section 4 of POCSO Act.

Jashimuddin Borbhuiyan

District and Sessions Court Judge Debasish Bhattacharjee pronounced the verdict today in a jampacked court. 13-year-old tribal school going girl of Betcherra village under Ramnathpur Police Station bordering Assam-Mizoram inter-state border was raped and brutally murdered by one Jashimuddin Borbhuiyan on March 14 when the victim was alone at her home. The case no. 47/18 was registered on the same day. Later the accused was arrested and after thorough interrogation was sent to judicial custody. He confessed to the commission of crime and also led to recovery of weapon (dao) which he used to kill the victim. Later chargesheet was filed in a stipulated time of 90 days and case trial was initiated in a fast track court which held the accused guilty under Sections 302/376 IPC read with Section 4 of POCSO Act and sentenced him to undergo capital punishment.

The district police administration headed by Superintendent of Police, Mohneesh Mishra, IPS, personally monitored and supervised the investigation. The awarding of capital punishment to Borbhuiyan has been welcomed by the local people who had been demanding deterrent punishment to him. Deputy Commissioner, Hailakandi, Adil Khan congratulated Mishra and his team for the big success. “SP Mohneesh Mishra and his team delivered what we promised to the people of Hailakandi six months ago. This will reaffirm the faith of common people in our administration, police, judiciary and the entire criminal justice system,” quipped Khan. “We cannot get her back, we can only wish and pray that the departed soul rest in peace and no one has to go through the pain and suffering that she and her family went through,” he added.

Source: http://www.northeastindia24.com/assam-man-gets-death-penalty-for-raping-murder-a-minor/ (Accessed 25 December 2018)

Theni Court gives death sentence to three in child rape case (Tamil Nadu)

Thursday, October 4, 2018 

The Theni Women's Court has given the death sentence to three child rapists Robin, Sundar and Kumaresan. The trio abducted a 10 year old girl and brutally gangraped her at Chinamanoor near Theni in 2014 and threw the battered body in a well after killing her. The residents of the village have hailed the sentence rejoicing that justice has nally been done for the departed soul. The girl was studying in her fth standard when she lost her life after being ravaged by the beasts. What is more horrifying is that she was also on a "Viratham" for the Sabarimala Ayyappan Temple when the incident occurred. 

Source: https://www.indiaglitz.com/theni-court-death-sentence-child-rapist-chinamanoor-robin-sundar-kumaresan-tamil-news-221966 (Accessed 25 December 2018)

Man sentenced to death for raping 3-yr-old (Rajasthan)

TNN | Sep 1, 2018, 12.27 AM IST 

JAIPUR: Father of an infant girl was awarded the death sentence by the Jhunjhunu POCSO (Protection of Children from Sexual Offences) Court in Rajasthan on Friday for raping a minor on August 2. 

This is the fourth case in the state where the accused under POCSO were handed out death sentence. Nand Kishore, Special Public Prosecutor, POCSO Court, said this is the first case when the death sentence has been given to a rapist within 20 days of presenting the charge-sheet in a court. Accused Vinod Banjara, 23, is a resident of Dausa and used to sell utensils, Kishore said. On August 2, he raped the minor in a village when her maternal grandparents were away. The police formed a special team to investigate the case, Kishore said. "Through CCTVs, the accused was identified and arrested on August 3. 

He was remanded into custody where he confessed to the crime," he said. According to DGP Rajasthan, after death sentence was incorporated in the POCSO Act for the rape and killing of minors under 12 years, all police officers were directed to speedy investigation and filing of charge sheets in the court had expedited conviction. He said an accused in the rape of a six-year-old in Jhalawar on February 14 this year was handed out death sentence. He said the investigation was completed within 16 days and the court convicted for death on August 24 this year. Similarly, in another case where a six-month old baby was raped and killed at Laxmangarh in Alwar on May 10, the court awarded death sentence to the accused on July 21. In this case the charge sheet was filed within 26 days after the incident. 

An accused in a similar case reported at Barmer women’s police station was given death sentence on August 7 for raping a 12- year-old girl, he said.

Source: https://timesofindia.indiatimes.com/city/jaipur/father-gets-death-penalty-for-rape/articleshowprint/65629947.cms (Accessed 25 December 2018)

Man Gets Death Sentence For Raping, Killing 5-Year-Old Girl (Chhattisgarh)

All India | Press Trust of India | Updated: August 26, 2018 13:33 IST

The court also awarded five years' imprisonment each to his mother Kunti Sona, 42, and friend Amrit Singh, 23, for concealing evidence of the offence.

RAIPUR: 

A 24-year-old man has been awarded death sentence by a court in Chhattisgarh's Durg district for raping and murdering a 5-year-old girl speech and hearing impaired girl in 2015. Special Judge, POCSO (Protection of Children from Sexual Offences Act), Shubhra Pachouri, pronounced Ram Sona, guilty on Friday and sentenced him to death, Durg's Additional Public Prosecutor Kamal Kishore Verma told PTI.

The court also awarded five years' imprisonment each to his mother Kunti Sona, 42, and friend Amrit Singh, 23, for concealing evidence of the offence. The convict, a resident of Khursipar locality in Durg, had raped the girl, living in the same area, on February 25, 2015, and then smothered her to death, Mr Verma said. Later, his mother and friend helped him to pack the body in a plastic bag and dumped it at a secluded place in the district, located around 45 km from Raipur, he said.

During the course of investigation into the case, Ram Sona's mother admitted to the crime and the three were subsequently arrested, he said. This is the first case in which the Durg district court has handed death sentence to a rape accused, the prosecutor claimed.

Source: https://www.ndtv.com/india-news/chhattisgarh-man-gets-death-sentence-for-raping-killing-5-year-old-speech-and-hearing-impaired-girl-1906377 (Accessed 25 December 2018)

Man awarded death penalty for raping, killing 14-year-old last year (Madhya Pradesh)

Punya Priya Mitra

Bhopal, Hindustan Times

Aug 20, 2018 23:55 IST

A 22-year-old man was sentenced to death on Monday for the rape-cum-murder of a 14-year-old girl in Sagar district last year. This is the eleventh case of a person being awarded the death penalty for sexually assaulting a minor this year, said director public prosecution Rajendra Kumar.

Additional government advocate MD Avasthi, who represented the state in the case, said the girl was raped by Rabbu alias Sarvesh Sen (22) at Deval village on December 7, 2017. He then poured kerosene over the victim and set her afire, causing her to die in agony seven days later. The accused was booked for rape, murder, house trespass, assault and destroying evidence under the Indian Penal Code and other relevant sections of the Protection of Children from Sexual Offenses Act.

“The case was categorised as a sensational and heinous offence, and Bhangarh police station in-charge sub-inspector Ravi Bhushan Pathak completed the investigation in 21 days. The challan was presented on December 28, 2017,” said Rajendra Kumar. The death sentence was awarded by Bina first additional session judge Alok Mishra after Sen was found guilty of the charges levelled against him.

Source: https://www.hindustantimes.com/india-news/man-awarded-death-penalty-for-raping-killing-14-year-old-last-year/story-oySoOL7opiDJ3mAePOv4mI.html (Accessed 25 December 2018)

Man gets death sentence for sodomising, killing minor boy (Madhya Pradesh)

By PTI |Datia (madhya Pradesh) |Published: August 14, 2018 4:04:12 pm

After killing the boy, the accused called his family members and sought a ransom of Rs 1 lakh, threatening them to kill the boy if the money was not paid.

A court in Madhya Pradesh awarded death sentence to a 20-year-old man on Monday for sodomising and killing a 13-year-old boy. Datia’s Special Judge Hitendra Dwivedi awarded the punishment to Nand Kishore while the case of a 15-year-old co-accused was transferred to a juvenile court, public prosecutor Pushpendra Kumar Garg said. The prosecutor told the court that Kishore along with the minor co-accused lured the victim, a resident of Bijasen Muhalla area in Datia, on March 2 this year on the pretext of buying him colours for the Holi festival. They took the victim to a deserted place and then sodomised him. Later, the accused killed the victim and disposed of the body in a canal near Deluva area on the city outskirts, the prosecution said.

Source: https://indianexpress.com/article/india/madhya-pradesh-man-gets-death-sentence-for-sodomising-killing-minor-boy-5306425/ (Accessed 25 December 2018)

Court Holds Fastest Trial, Sentences Rape Accused To Death In 3 Days (Madhya Pradesh)

BY PRAMIT CHATTERJEE 9TH AUGUST 2018 

India’s judicial system has been criticised for a long time due to its pace. And the criticism is justified because it took five brutal years for the Supreme Court to uphold the death sentences in the Nirbhaya case. Additionally, the time that’s being taken on the Kathua case is already taking its toll as evidences are being botched. However, a court in Madhya Pradesh might’ve ignited some hope among Indians.

According to Hindustan Times, a court in Datia, Madhya Pradesh held a three day trial on the rape case of a six-year-old girl. Datia Superintendent of police Mayank Awasthi said, “The six-year-old girl was raped by Ahirwar on May 29 when she had gone to attend the marriage of a relative. Ahirwar lured the girl with flowers and took her to a government school and raped her. The girl was found by her parents in the school in a semi-conscious state. She was taken to a doctor who said she had been raped.”  

The family had instantly informed the Madhya Pradesh when the incident had happened and that’s why the accused was arrested within 24 hours. And, as mentioned before, while it takes years to punish the accused, the court took just 3 days to sentence the 24-year-old Motilal Ahirwar to life imprisonment till death. The accused Motilal Ahirwar, who’s a resident of Jhansi, Uttar Pradesh, was sentenced under the Protection of Children from Sexual Offences (POCSO) Act by Special Judge Hitendra Dwivedi. District prosecution officer Puspendra Garg said, “The judgment was pronounced on the basis of statement of 17 witnesses and a senior medical officer.” Garg added that this was one of the fastest trials in Madhya Pradesh. Ahirwar was convicted under section 376 (AB) (punishment for rape on a woman under 12 years age) and 366 (abduction) of Indian Penal Code and Sections 3, 4 and 5 of POCSO Act.

One of the major reasons why rape cases aren’t registered in India is because people know that they wouldn’t get justice in time. And they aren’t wrong to think so because the judiciary has a long history of failing rape victims. But maybe it’s these smaller achievements of the judiciary that’ll give people the strength to lodge an FIR and bring back a sense of justice in our country.

Source: https://www.storypick.com/court-fastest-trial-madhya-pradesh-rape/ (Accessed 25 December 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)

Court sentences man to death for raping, killing 6-year-old (Punjab)

Chandigarh, July 25, 2018

A court in Punjab on Wednesday sentenced a man to death for the rape and murder of a six-year-old girl two years back. 

The death sentence was pronounced in the Additional District and Sessions Judge Jaspal Verma in Mansa town, around 240 km from here. Describing the case as “rarest of rare”, the court held accused Kala Ram guilty of abduction, rape and murder of the minor girl in May 2016. The court described the crime as a “barbaric act”. The accused, a daily wage earner, was a distant relative of the victim and had come to her village in Mansa district from neighbouring Haryana to attend a marriage function. He took her to a canal nearby where he raped her and strangulated her to death. — IANS

Source: https://www.tribuneindia.com/news/punjab/punjab-court-sentences-man-to-death-for-raping-killing-6-year-old/626445.html (Accessed 25 December 2018)

Man gets death for minor’s rape, murder (Bihar)

Faryal Rumi

TNN | Jul 1, 2018, 04.34 AM IST 

PATNA: A Bihar court on Saturday awarded death sentence to one Ajit Kumar, 23, for killing a 16-year-old girl on April 19 last year after kidnapping and raping her. The girl was taken to Gujarat and kept in a rented house. The autopsy report said the girl was raped and murdered before her body was set on fire. Additional district and sessions judge-1 Bharat Tiwari held Ajit guilty under IPC Sections 363 (kidnapping), 376 (rape) and 302 (murder), and various sections of Protection of Children from Sexual Offences (Pocso) Act. According to the police report, the girl was kidnapped on March 9 last year from her home when she was sleeping with her two sisters.

Source: https://timesofindia.indiatimes.com/india/man-gets-death-for-minors-rape-murder/articleshowprint/64811097.cms (Accessed 24 December 2018)

As Baby Killer Is Convicted Within 23 Days, Questions On Fairness: Report (Madhya Pradesh)

All India | Reuters | Updated: May 23, 2018 18:36 IST

INDORE: Naveen Gadke was arrested on April 20 and charged with the rape and murder of a baby girl in Indore.

Three weeks later a court sentenced the 26-year-old odd-job man to death in the fastest such trial known to have happened in the country in recent times where public outrage is running high because of a series of rapes and related killings. Police, prosecutors and the district court in the Indore worked at a furious pace to get the conviction quickly, amid a backlash on the streets, including marches in the city. This is in a country where Prime Minister Narendra Modi's government last month introduced the death penalty for rapes of girls under 12 years in response to public pressure but which has a notoriously slow court system, with cases taking at least six years on average to final ruling, according to governance tracking group Daksh.

But the pace of the trial, the intensifying push for speedy hearings in rape cases, and questions about the legal defence provided to Gadke - who pleaded not guilty - have raised concerns among some legal rights advocates. They are fearful there will be wrongful convictions and hangings when a defendant cannot afford to hire a good lawyer. "While expeditious trials are ideal, these should not be at the cost of fair trial safeguards like the right to adequate time to prepare a defence and the presumption of innocence," said Leah Verghese, senior campaigner at human rights group Amnesty International India, in an email response to questions. Senior Supreme Court lawyer Rebecca John said she was concerned. "As a principle, I am opposed to rushing through investigative processes and trial processes" she said.

But reflecting the mood of the nation, well-known Supreme Court lawyer Dushyant Dave, a vocal supporter of capital punishment, said India "needs to send at least 500 people to death in the next one year to end this endemic" of rape. "Our system is archaic and extremely inefficient," he added. Such views have resonated with the mother of the dead three-month-old girl as she sat on the front yard of a 200-year-old palace where her homeless family sleeps in the open. She told Reuters she was happy with the swift verdict but her daughter would get justice only when Gadke is hung to death, just as quickly. "Once such men are hanged, no one will dare to do anything like this to any girl," she said. Rape victims and their families cannot be identified under Indian law. Gadke could not be contacted as journalists are not allowed to speak with convicts in jail as per a home ministry directive. Sachin Verma, Gadke's lawyer, said his client told him that his estranged wife "framed" him, but said little else. Reuters could not trace Gadke's wife to seek comment.

SLAPPING AND SHOVING

At trial, the mother, police officers and the prosecution lawyer said security cameras showed Gadke taking away the infant as she lay asleep by her parents. Fifteen minutes later, he was seen coming out of the basement of a nearby building, where her blood-smeared body was found, police said. Medical tests, completed quickly under instructions from government officials, confirmed she was raped, and the semen from a vaginal swab was found to be a DNA match with Gadke, according to court documents reviewed by Reuters. Gadke's lawyer Verma, who specialises in matters related to crimes against children, said he reluctantly took the case on state government orders.

That was after four other lawyers refused to defend Gadke, Verma said. In a sign of how high temperatures were rising in the community, around a dozen lawyers attacked the defendant outside the court when he first arrived, slapping and shoving him, according to police. Prosecutors presented 29 witnesses, including police and shopkeepers who found the victim's body, and "everybody supported the prosecution", said Verma. He presented no witnesses for Gadke's defence. Verma said he could have done better if he had more time to prepare for the case. "They had to create a story and they had to decide quickly," said Verma, who is expecting to receive 4,000 rupees ($58) from the state government for representing Gadke. "My client told me: 'Everyone has already decided I am guilty. What's the point of all this?'" Special prosecutor Mohammad Akram Shaikh said that they had "conclusive evidence" against Gadke. Judge Varsha Sharma, who deals with matters related to crimes against children and ruled on the case, declined to comment.

SENDING A MESSAGE

Police pressed charges against Gadke within seven days of the crime, said Police Inspector Shivpal Singh Kushwah. "All of us wanted to send a message that the law can work fast, and we succeeded," he said. The court sat for seven straight working days to hear the case, unusual in India where one court is often dipping in and out of several cases on the same day. A government-run laboratory conducted tests on forensic evidence within four days of a police request. This usually takes more than a month, Kushwah said. After hearing details of his crime from Shaikh and the witnesses, Judge Sharma found Gadke guilty and ordered his death by hanging. "This falls under the rarest of rare case and it would be appropriate to hand such a criminal the toughest punishment," the judge declared. The sentence has to be confirmed by a higher court, for which Gadke will be provided a different lawyer by the state government. The court's decision can be challenged in the Supreme Court. An appeal to the president is the last resort. The entire process can take years.

ACCELERATION DEMANDED

Even before Gadke's trial, there were growing calls to speed up child rape trials. Lower courts take an average of five years to complete cases of prisoners sentenced to death, high courts one year and four months, and the Supreme Court two years and one month, according to a 2016 report by the Centre on the Death Penalty in the National Law University of Delhi. The university study found that 74 percent of 373 death row prisoners they interviewed were economically vulnerable. The majority were from low castes and religious minorities. In the Indore case, Gadke did various jobs like cleaning utensils in eateries. By contrast, trials involving India's rich and powerful sometimes take more than 10 years. Gurmeet Ram Rahim, the self-styled godman who had many followers, was convicted last year on charges of raping two followers - 15 years after the case was registered. Government statistics show that since 2012, when a young woman was gang raped in a moving bus in Delhi igniting national uproar, reported rape cases have climbed 60 percent to around 40,000 in 2016 - about one every 15 minutes - with child rape accounting for about 40 percent.

© Thomson Reuters 2018

Source: https://www.ndtv.com/india-news/as-baby-killer-is-convicted-within-23-days-questions-on-fairness-report-1856517 (Accessed 24 December 2018)

Death sentence for 19-yr-old man in rape, murder case of four year old (Madhya Pradesh)

Dhar (MP), May 17, 2018 (PTI) 

A court in Dhar district today awarded death sentence to a 19-year-old man for rape and murder of a four-year-old girl in December last year.

“Girls are the blessings of God and a criminal who mutilates them into corpse does not deserve leniency,” sessions judge Akbar Sheikh said in the order. “From society’s and legal view point, what the accused has done is unpardonable and it falls in the rarest of rare category,” the court said while sentencing the accused, Karan Bheel, to death.

“Looking at the gravity of the crime, only the death penalty will serve the purpose of justice delivery,” the judge said. The judge also imposed a fine of Rs 21,000 on Bheel, said prosecutor Sharad Purohit. According to the prosecution, Bheel abducted the girl from Jagannathpura village on December 15 last year.

After raping her, he crushed her head with a stone, it said. After her body was found in a nearby forest, Bheel was arrested immediately and police filed a charge sheet within fifteen days. The prosecution examined 20 witnesses, Purohit said, adding that the court relied on the witnesses’ statements among other evidence.

This is published unedited from the PTI feed.

Source: https://www.india.com/news/agencies/death-sentence-for-19-yr-old-man-in-rape-murder-case-3060430/ (Accessed 24 December 2018)

Indore court awards death sentence to man for raping, murdering 3-month-old girl (Madhya Pradesh)

Published: May 12, 2018 7:11:32 pm

District prosecution officer Akram Sheikh said the special investigation team formed by the police completed the investigation within seven days of the incident and filed a charge sheet on April 27. 

The Indore district court on Saturday awarded death penalty to a 26-year-old man for rape and murder of a three-month-old girl, while likening him to “gangrene”. The verdict came within 22 days of the incident. Additional Sessions Judge Varsha Sharma sentenced Naveen Gadke, the accused, to death under IPC section 376 (A) (death due to injuries during rape) which was introduced under the Criminal Law (Amendment) Act, 2013, and section 302 (murder). He was also found guilty under the Protection of Children from Sexual Offences (POCSO) Act.

Naveen Gadke

In the 51-page verdict, Judge Sharma said, “Given the heinous and gruesome manner in which the cruel act was done by the accused, this person is like a gangrene disease in the society. Like the doctor cuts off gangrene-affected parts of a patient’s body through operation, in the same way it is also necessary to keep such criminal away to protect the society from them. Such person is deadly for the society.”

District prosecution officer Akram Sheikh said the special investigation team formed by the police completed the investigation within seven days of the incident and filed a charge sheet on April 27. The charges were framed on April 28 and the case was heard on a daily basis from May 1, he said. Prosecution examined 29 witnesses, including the accused’s estranged wife. Gadke was distantly related to the victim’s parents, who sold balloons and slept outside the historical Rajwada building here, Sheikh said.

According to the police, Gadke’s wife had left him, and he went to the victim’s mother on the night of April 19, asking her to intervene in the marital dispute. As he started arguing, he was driven away. He abducted the girl from the spot while her parents were asleep in the wee hours of April 20, the police said. CCTV footage of the area revealed his actions. “After abducting her, he carried the sleeping girl on his shoulder so that passers-by could not suspect him. He took her to the basement of a commercial building 50 metres away from where her family was sleeping and raped her,” said a police official. After raping her, Gadke banged the girl’s head on the ground and killed her, he said. The child’s body was found on the afternoon of April 20 and soon Gadke was arrested.

Source: https://indianexpress.com/article/india/indore-court-awards-death-sentence-to-man-for-raping-murdering-3-month-old-girl-5174254/ (Accessed 24 December 2018)

Baby rapist sentenced to death (Madhya Pradesh)

13/05/2018

An Indian man has been handed the death sentence for the rape and murder of a four-month-old girl.

The three-week trial was one of the quickest of its kind in the country, and comes amid outrage over sexual violence against children. The infant's 26-year-old uncle, Naveen Gadke, raped and killed her when she was sleeping outside on a pavement with her parents, who sell balloons.

Naveen Gadke

"Given the heinous and gruesome manner in which the cruel act was done by the accused, this person is like a gangrene disease in the society," Judge Varsha Sharma said in the ruling. "Like the doctor cuts off gangrene-affected parts of a patient's body through operation, in the same way it is also necessary to keep such a criminal away to protect the society from them. Such person is deadly for the society."

India approved the death penalty for child rapists earlier this year. Just three people have been executed in India in the last decade.

Source: https://www.newshub.co.nz/home/world/2018/05/indian-baby-rapist-sentenced-to-death.html (Accessed 24 December 2018)

Man gets death sentence for raping, killing 4-month-old girl in India (Madhya Pradesh)

ON MAY 12, 2018 3:53 PM 

An Indian man was given a death sentence on Saturday for the rape and murder of a four-month-old girl. Reports have it that the case was one of the quickest trials of its kind in the country amid outrage over sexual violence against children. 

The court in Madhya Pradesh state’s Indore city convicted the 21-year-old man of kidnapping, rape and murder and under sections of the Protection of Children from Sexual Offences Act (POCSO), police ofcer Harinarayanachari Mishra said. Prosecutor Akram Sheikh said that the brutality of the crime made it the “rarest of rare” cases and urged the judge to give capital punishment to the man, broadcaster NDTV reported. The trial was concluded in just three weeks, state chief minister Shivraj Singh Chouhan said, adding that the punishment would prove to deter such heinous crimes and provide a safer environment for girls and women in the state. 

On April 20, the man, said to be the infant’s uncle, raped and killed her when she was sleeping outside on a pavement with her parents, who sell balloons. The Indian government recently approved stringent punishments for sexual violence against children, including the death penalty for those convicted of raping girls younger than 12 years. The decision came against the backdrop of spiralling outrage over the rape and killing of an 8-year-old girl in Jammu and Kashmir and several other cases of sexual assault involving minors in recent months.

Source: https://www.vanguardngr.com/2018/05/man-gets-death-sentence-raping-killing-4-month-old-girl-india/ (Accessed 24 December 2018)