SHIVANI CASE: HC UPHOLDS DEATH SENTENCE TO RAJESH

Wednesday, 17 July 2013 PNS Indore Bhopal 

The MP High Court on Tuesday upheld the order of a local court which awarded death sentence to Rajesh Singh Sengar, uncle of seven-year-old Baby Shivani who was sexually abused and killed her later by the accused last year.

Shivani was sexually abused and murdered in September last year. Her father Prem Singh Sengar had given her to his cousin Rajesh in the hope that she would have a better future.A division bench comprising Justice Shantanu Kemkar and Justice MC Garg of the MP High Court passed the judgement. A local fast track court on March 12 this year had awarded capital punishment to Rajesh Singh Sengar, 41, for rape, unnatural sex and murder of seven-year-old niece Shivani, besides imposing a fine of Rs 10,000 on him. The court also awarded life imprisonment to his wife Baby Bai along with a fine of Rs 4,000.

The fast track court of seventh additional sessions judge Savita Dubey delivered the judgement in the case after just eight hearings during which a total of 20 witnesses were produced, including 12 neighbours of the victim. The accused Sengar had challenged the verdict of lower fast track court in the High Court.

Taking cognizance of his petition, the High Court upheld the verdict of the fast track court stating that the accused did not deserve a lesser punishment than what had been awarded to him by the fast track court. Meanwhile, the accused was contemplating to move the higher court. The accused Rajesh Singh Sengar, who is uncle of Shivani, subjected the girl to inhuman and unnatural sexual torture for a long time. The incident had elicited sharp protest from the city residents who took to streets in protest against the brutal incident. Following a mass protest of the city people, the police had referred Shivani murder case to a fast track court for early justice to the family of the deceased.              

Source: http://www.dailypioneer.com/state-editions/bhopal/shivani-case-hc-upholds-death-sentence-to-rajesh.html

Teen's rapist gets death penalty

TNN May 18, 2013 BHOPAL: A trial court here on Friday sentenced to death a 45-year-old motor mechanic, Mustafa, who was found guilty of raping and throttling to death a minor on the intervening night of September 28 and 29, 2012.

The prosecution case was that Mustafa, with whom the 16-year-old girl had close family acquaintance, took her in a car, raped and murdered her. He later dumped her body at Budhni ghat about 45km from Bhopal.
A search was launched by police after the girl's family had filed a missing complaint.
On September 29, Budhni police found the body and buried it as an 'unidentified' one. Later, when Bhopal got leads during interrogation of Mustafa, they exhumed the body and brought it to Bhopal.
Mustafa and his alleged accomplice Aziz were charged with rape, murder and destroying evidence.
After hearing the case, court of additional session judge Saeeda Bano Rahman held Mustafa guilty on all the charges and awarded death penalty for him. However, Aziz was acquitted for lack of evidence.
When the judge asked whether he had any reason to cite why he should not be given capital punishment, Mustafa said that he was the sole breadwinner of his family. His counsel argued that his offence did not fall under the 'rarest of rare' category of crimes, for a death sentence.
However, the public prosecutor argued for capital punishment on the ground that the crime was of a 'cruel' nature.
After hearing the argument, the judge stated she was unable to find any 'justifying circumstances' not to award death penalty for the accused. She stated that an exemplary punishment is required to put a check on such cases and also to ensure that fear of law remains among criminals in society.
It may be recalled that tension had gripped the Mansarovar complex area in Bhopal after people set on fire shops and damaged vehicles after the incident on September 29. The accused worked in a motor-repairing shop at the locality.

Source : http://articles.timesofindia.indiatimes.com/2013-05-18/bhopal/39353320_1_mustafa-death-penalty-punishment

Man gets death penalty for raping, killing minor girl

A 22-year-old man was today sentenced to death by a local court for raping and murdering an eight-year-old girl. May 16, 2013 Thane

Thane Additional Sessions Judge AA Sayeed held Shekhar Gupta guilty under sections 376 (2)(1) of IPC and awarded life imprisonment, and section 302 (murder) of the IPC for which he has been sentenced to death.
According to the prosecution, Gupta had abducted the school girl, raped her and murdered her to destroy evidence in December 2009.
The accused, who was married and has two children, worked as a contract labour with a company in Thane city.
The victim's father, a resident of Lokmanya Nagar, told the court that on December 24, 2009, when he returned home in the evening from work, he was told that his daughter, a Class II student at Saint Ulai School, had not returned till then.
When he went out in search of her, Gupta met him on the way and told him that he had met the girl and gave her chocolate and biscuits.
The parents lodged a missing complaint with police and the next day her body was found under a hillock.
Additional Public Prosecutor Hemlata Deshmukh said this was a rarest of the rare case which deserved nothing less than death sentence.
The court, relying on the witnesses from the vicinity and circumstantial evidence, held that the accused was guilty of the charges levelled against him and sentenced him to death.

Source : http://www.mid-day.com/news/2013/may/160513-man-gets-death-penalty-for-raping-killing-minor-girl-crime.htm