Abolish Death Penalty India: techie

Tuesday, December 25, 2018

Bombay HC upholds death penalty of woman techie's killer (Maharashtra)

20 DECEMBER 2018 Last Updated at 8:24 PM | SOURCE: PTI

Mumbai, Dec 20 The Bombay High Court Thursday confirmed the death penalty awarded to a 30-year-old man for the rape and murder of a woman techie, saying the maximum punishment was appropriate in the case, considering "increasing incidents of crime against women" in India. Chandrabhan Sanap, was pronounced guilty by a special court in 2015 and awarded the death sentence for the rape and murder of the 23-year-old software professional who was employed with a leading IT firm in Mumbai. A bench of justices Ranjit More and Bharati Dangre said while the 2012 (Delhi) gang rape case -- where the victim was a paramedical student -- brought in a criminal amendment to make rape laws stricter, incidents such as the Shakti Mills rape case here and countless other cases of sexual assault continued to take place across the nation.

Esther Anuhya (Victim)

"The increasing incidents (of crime against women) have led to the entire womenfolk in the country questioning their safety. They expect the legislature and the judiciary to restore their faith in the system," the bench said. The judges described the convict as a "menace to society" and said rising crime against women should be tackled on all fronts. "Crime against women, which are on the rise, need to be tackled on all fronts in a manner which should respond to the society's cry for justice against such criminals. "The victim was done to death by the accused for no fault of her own, except for a reason that she is a woman and she fell prey to the sinister design of the accused to fulfil his lust. The said attitude of the accused, according to us, deserves a death sentence," the bench said.

The verdict came following an appeal filed by Sanap, who had challenged an October 2015 order of the trial court convicting and sentencing him to death on charges of rape, kidnap and murder. The Maharashtra government had filed a plea seeking that Sanap's death sentence be ratified by the high court. As per the prosecution, on January 5, 2014, the victim reached the Lokmanya Tilak Terminus railway station in suburban Mumbai from her native place in Andhra Pradesh after visiting her parents during a small break from work. Around 5 am, she met Sanap outside the station and he offered to drop her to YWCA hostel in suburban Andheri, where she stayed, on his motorbike in return for Rs 300. She agreed to his offer. However, on the way Sanap took her to a secluded spot near Kanjurmarg, raped and killed her, said the prosecution.

Chandrabahan Sanap

He partially burnt her dead body and dumped it in the bushes off the Eastern Express Highway, where it was found by the victim's family on January 14 that year. While Sanap denied all charges against him, the trial court convicted him, holding the case falls in the "rarest of rare" category and thus, warranted the death sentence. On Thursday, the high court agreed with the trial court order and held that the case was the rarest of rare one and that the "enormity" of Sanap's crime had "shocked the conscience of the society". "The offence of murder was committed for a petty achievement of satisfying the lust of the accused (Sanap). He was barbaric, and showed no regard to the life of a happless young girl," the bench said. The judges also dimissed the defence's plea for leniency on the ground of Sanap's good conduct as an under trial. They said Sanap was "a menace to the society" and that he showed no possibility of reformation. The bench also lamented that women in the country were having to face rampant attacks on their safety and wellbeing. "In the modern scenario, women don't expect to be worshipped. However, they surely expect to be able to breathe safe, and feel safe in and outside of their houses," the bench said in its 167-page verdict.

Source: https://www.outlookindia.com/newsscroll/bombay-hc-upholds-death-penalty-of-woman-techies-killer/1444011 (Accessed 25 December 2018)

Madras High Court upholds death sentence against techie for rape, murder of seven-year-old girl in 2017 (Tamil Nadu)

Sukanya Ray Jul 10, 2018 16:13:43 IST

Chennai: The Madras High Court on Tuesday confirmed the death sentence awarded to a 23-year-old techie by a lower court for the rape and murder of a seven-year-old girl in 2017.

A division bench of justices S Vimala and Ramathilagam upheld the 19 February order of the Mahila court in neighbouring Chengalpattu, awarding death penalty to S Dhasvanth, an engineering graduate. The bench was dismissing an appeal filed by Dhasvanth, who had challenged the trial court order convicting him in the rape-and-murder case of the seven-year old girl, who was his neighbour, in February 2017. The crime had triggered a public outcry and Dhasvanth had faced the ire of a group of women, who assaulted him when he was brought to the lower court for trial.

S. Dhasvanth

According to the prosecution, the convict had lured the girl into his flat at Mugalivakkam, using a dog, and strangled her to death after raping her. The convict had then dumped the body in a travel bag and subsequently, burnt it on a highway. He was held guilty for offences under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act. Mahila Court judge Justice P Velmurugan, while holding Dhasvanth guilty, had referred to the sensational Nirbhaya gangrape-and-murder case in Delhi and said the instant case merited death sentence.

Incidentally, the high court verdict came a day after the Supreme Court dismissed the pleas filed by three of the four convicts in the Nirbhaya case, seeking a review of the top court's verdict upholding the death penalty awarded to them for the gangrape and murder of a 23-year-old paramedic student on 16 December, 2012. In his appeal, Dhasvanth had contended that the trial court judge had grossly erred in finding him guilty on the basis of conjunctures and surmises not amounting to evidence. During the pendency of the case, Dhasvanth was also charged with the murder of his mother. While out on bail in the rape-and-murder case, he had allegedly killed his mother and fled with her jewellery in December 2017, before being caught in Mumbai. The proceedings in the case are pending in a court.

Source: https://www.firstpost.com/india/madras-high-court-upholds-death-sentence-against-techie-for-rape-murder-of-seven-year-old-girl-in-2017-4706231.html (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