Two sisters from Maharashtra's Kolhapur may become the first women to be hanged in India

Yogesh Naik, Mumbai Mirror | Aug 14, 2014, 11.29AM IST Two Kolhapur women, who were sentenced to death in 2001 for kidnapping 13 children and killing nine of them, may become the first women ever to be hanged in India. President Pranab Mukherjee late last month rejected Renuka Kiran Shinde and her sister Seema Mohan Gavit's mercy petitions. The buffer period before their hanging - time taken by the state home department to inform all concerned after receiving the note from Rashtrapati Bhavan - ends on Saturday. The number of people executed in India since Independence is a matter of dispute. Government statistics claim that only 52 people have been executed since independence. However, research by the People's Union for Civil Liberties indicates that the actual number of executions is in fact much higher, as they have located records of 1,422 executions in the decade from 1953 to 1963 alone. However, there is no record of any woman's execution. Renuka and Seema, who partnered their mother Anjanabai Gavit to kidnap the kids and push them into begging and killed some of them after they stopped being productive, are currently lodged at the Yerwada jail in Pune. Anjanabai passed away during the trial, and the sisters' father Kiran Shinde turned approver and was acquitted. The President has also rejected the mercy petition of Rajendra Wasnik, who was sentenced to death for raping and killing a three-year-old in Amravati in March 2007. Wasnik had lured the girl with the promise of buying her biscuits before sexually assaulting and eventually killing her. The note from Rashtrapati Bhavan on Wasnik arrived at the state home department on Tuesday and the process of informing the convict, his relatives, and the Nagpur jail where he is lodged has been initiated. Desk officer Deepak Jadiye of the home department said no objections have been received yet on the Kolapur sisters' hanging. "We have informed the two convicts, their relatives, the legal remedial cells of the Supreme Court and also the district court about the rejection (of their mercy plea),'' he said. While awarding the death sentence to the sisters in 2001, Judge G L Yedke in Kolhapur had described the nine kids' murders as 'the most heinous', and observed that the two sisters seemed to have enjoyed killing the children. There are currently 24 convicts on death row in Maharashtra, including the three Shakti Mills rapists. All convicts facing death sentences in Maharashtra are moved to Yerwada in Pune or the Nagpur jail as these are the only two prisons in the state that have gallows. Source: http://timesofindia.indiatimes.com/city/pune/Two-sisters-from-Maharashtras-Kolhapur-may-become-the-first-women-to-be-hanged-in-India/articleshow/40249975.cms [last accessed 06.02.2015]

Cops seek death for Phoolan killer, sentence tomorrow

Sana Shakil, TNN | Aug 13, 2014, 06.07AM IST NEW DELHI: The city police on Tuesday sought death penalty for Sher Singh Rana who has been convicted of killing bandit-turned-politician Phoolan Devi, while the defence pleaded for a lenient view citing his young age. Additional sessions judge Bharat Parashar fixed Thursday for pronouncing the quantum of sentence. Asserting that the convict deserved no leniency for the "heinous crime", the prosecution submitted that Rana had committed the murder in a preplanned and meticulous manner. "It is an offence of murder which was committed in a preplanned manner and was meticulously executed by him (Rana). Keeping in view the impact on the society , I request the court to award death penalty ," the prosecution said. Rana's counsel Mukesh Kalia, however, opposed the contentions of the prosecution saying that police has miserably failed to prove the motive behind the murder. Seeking maximum punishment for Rana, prosecution termed him as a threat to society and cited Rana's criminal antecedents saying he was involved in four other criminal cases. Kalia countered the claims saying Rana had no criminal back ground as he has been acquitted in those "false" cases and even the eyewitnesses in the case have been disbelieved by the court. Faced with death sentence or life-term, Rana, the lone convict in the murder case, himself also pleaded for leniency. After conclusion of the arguments, Rana sought the court's permission to make his submissions and said that that his image has been tarnished by police by lodging "false cases" against him. Rana said that before 2001, he was never arrested and only a case under the Excise Act was lodged against him but he was acquitted in that case. During the hearing, some supporters of Rana were present inside the courtroom. As soon as Rana was escorted back from the court, the supporters gathered outside the gate of the courtroom and shouted slogans. Source: http://timesofindia.indiatimes.com/city/delhi/Cops-seek-death-for-Phoolan-killer-sentence-tomorrow/articleshow/40149487.cms [last accessed 06.02.2015]

Delhi Rape Victim’s Family Says Exemption of Death Penalty Weakens Juvenile Justice Bill

5:33 pm IST Aug 8, 2014 By SAURABH CHATURVEDI and ADITI MALHOTRA The parents of the young woman who was raped and murdered on a moving bus in India’s capital in 2012 applauded efforts by India’s new government to change the juvenile-justice law so that youthful offenders accused of serious crimes can be tried as adults. “Minors accused of such crimes should not go scot-free,” said the father of the 23-year-old victim in an interview with The Wall Street Journal on Friday. Under Indian laws meant to protect the identity of rape victims, he cannot be identified. A bill approved by India’s cabinet on Wednesday proposes that children between 16 and 18 years of age who are accused of crimes such as rape, murder and acid attack can be tried in adult courts. Under the legislation, teenage convicts could not be sentenced to death or life in prison. The father of the victim, who has in the past made repeated calls for the death penalty for all the convicted perpetrators in the rape and murder of his daughter, said exempting younger offenders from the death penalty was a mistake in the bill. “I am all for it (death penalty) to make the draft law even stronger,” he said. Juveniles who commit heinous crimes are “a burden on this world,” the victim’s father said. He said with a “stronger law” in place, he would “seek extension of the sentence of the juvenile” who was convicted in the rape of his daughter. A 17-year-old found by a juvenile court to have participated in the December 2012 Delhi gang rape and killing was sentenced to three years of confinement in a reformatory, the maximum punishment allowed under the current law. Four men convicted in the case were sentenced to death under a new law implemented in 2013 to strengthen penalties for crimes against women. A fifth alleged assailant died in jail during the trial. Authorities said he killed himself. His relatives alleged he was murdered. In 2000, India raised the age of majority for men to 18 from 16 in accordance with the United Nations Convention of the Rights of the Child. Public support for harsher punishment for minors has grown since the Delhi gang rape, but human-rights activists and child-welfare experts have criticized the government’s backing for the proposed changes. “Instead of hasty measures, the government should make a commitment to effective law enforcement and the more difficult and lengthy steps needed to reform the criminal justice system,” said Meenakshi Ganguly, the South Asia director of Human Rights Watch. The number of minors found culpable in rape cases in India went up from 1,149 in 2011 to 1,175 in 2012, according to the National Crime Records Bureau. “They [the cabinet] have recognized that the amendments are a necessity given the increase in the number of crimes committed by juveniles,” said the victim’s father. Follow Saurabh and Aditi on Twitter @journosaurabh @A4iti. Source: http://blogs.wsj.com/indiarealtime/2014/08/08/delhi-rape-victims-family-says-exemption-of-death-penalty-weakens-juvenile-justice-bill/ [last accessed 06.02.2015]

President rejects mercy plea of rapist-killer of 3-year-old

Himanshi Dhawan,TNN | Aug 6, 2014, 04.43 AM IST NEW DELHI: President PranabMukherjee has rejected the mercy petition of death row convict RajendraPralhadraoWasnik who was found guilty of raping and murdering a three-year-old child. Mukherjee, acting on the advice of the home ministry, rejected the petition on July 31. The President has so far rejected mercy petitions in 22 cases involving 29 death row convicts in his two-year tenure. By rejection Wasnik's mercy petition, he has signed off on the death penalty on five cases related to six convicts in July itself. Mukherjee has commuted just one death sentence and has no more mercy petitions pending with his office. This is in sharp contrast to predecessors like K R Narayanan who did not take up any cases, A P J Abdul Kalam who rejected one plea and Pratibha Patil who rejected mercy petitions in three cases commuting the sentence of 34 convicts. Despite the record number of rejections only two hangings have taken place with the convicts challenging the Presidential order in court. The trend for the quick disposal of mercy petitions was set with Mumbai 26/11 terrorist Ajmal Kasab's execution in November 2012 which was the first hanging after 2004 and marked a sharp departure in India's policy towards death penalty. President Kalam had sent rapist-killer Dhananjoy Chatterjee to the gallows in 2004. Mukherjee has since rejected the mercy petitions Saibanna Ningappa Natikar on January 4 this year before sentencing death penalty for Parliament attack convict Afzal Guru on February 3. He has commuted the death sentence for Atbir who was found guilty for murder of three relatives over a property dispute on November 15, 2012. In the last two years Mukherjee has rejected the mercy petitions of Veerappan aides Simon, Gnanaprakash, Madaiah and Bilavandran who killed 22 people by blasting a land mine, mass murderers including Suresh and Ramji, Gurmeet Singh and Jafar Ali. In just the last month, he has rejected the mercy petitions of Holiram Bordoloi and Jagdish (accused of multiple murders), Nithari killings convict Surender Koli, Renukabai and Seema (accused of kidnapping and murdering 9 children) and Wasnik. A Presidential pardon arises from article 72 of the Constitution that empowers the President to pardon, grant reprieve or suspend, remit, commute sentence of person convicted of any offence. The President is guided by home minister and the council of ministers. According to data accessed through RTI application filed by activist S C Agrawal, Shankar Dayal Sharma rejected all 14 petitions before him while President K R Narayanan received 10 petitions and did not dispose any. Kalam inherited these petitions with another 16 added in his term. He disposed of only two — rejecting the mercy petition of Dhananjoy Chatterjee, accused of raping and murdering a teenager and commuting the death sentence Kheraj Ram. Patil granted clemency to 34 convicts in her tenure while rejecting 3 pleas. These included the politically sensitive case of former PM Rajiv Gandhi's assassins, Murugan, Santhan and Perarivalan. She also rejected the mercy petition of Devinder Singh Bhullar, found guilty of killing 9 bystanders in a 1993 car bombing intended to kill Maninderjeet Singh Bitta and Mahendra Nath Das, accused of murder. Source: http://timesofindia.indiatimes.com/India/President-rejects-mercy-plea-of-rapist-killer-of-3-year-old/articleshow/39718200.cms [last accessed 06.02.2015]

Can public outcry justify punishment? HC asks in Pune driver

Press Trust of India | Mumbai August 5, 2014 Last Updated at 20:19 IST Hearing the arguments on death penalty awarded by a lower court to Pune-based bus driver Santosh Mane, the Bombay High Court today asked the government to justify if "public outcry" should be a factor in deciding the quantum of punishment. Mane, a former driver with state transport, had mowed down nine people in Pune in a fit of maniacal driving in January 2012. The division bench of Justices V M Kanade and P D Kode is hearing state's plea for confirmation of his death sentence, as well as his appeal against the sentence. The court today also sought to know from the government if there was any possibility of the convict being reformed if his life was spared. The judges asked government pleader S S Shinde to cite previous judgements of the Supreme Court in favour of reformative punishment. On January 25, 2012, Mane had hijacked an empty bus from Swargate depot and drove it like a madman until the police and some passers-by caught up with him and stopped him. While the state has sought confirmation of death penalty saying that he committed a serious crime against the society, Mane's lawyer, advocate Jagdish Mane, sought leniency, considering that Santosh has a wife, two children and parents to look after and also because he is "mentally sick". The High Court has already upheld his conviction. Advocate Mane also argued that police suppressed the fact during the trial that Santosh was undergoing treatment for mental illness. The defence also pleaded insanity and sought Santosh's re-examination by a psychiatrist but the High Court turned down the plea. The arguments will continue tomorrow. Source: http://www.business-standard.com/article/pti-stories/can-public-outcry-justify-punishment-hc-asks-in-pune-driver-114080501683_1.html [last accessed 06.02.2015]

No proposal to abolish death sentence: Govt

Press Trust of India | New Delhi August 5, 2014 Last Updated at 16:40 IST The government today said it has no proposal to abolish capital punishment in the country. "No. At present, there is no proposal in this (Home) Ministry to amend the Indian Penal Code, 1860 to abolish capital punishment in the country," Minister of State for Home Kiren Rijiju informed Lok Sabha. In a written reply, he said the Law Commission posted a consultation paper on capital punishment on its website in May 2014 seeking suggestions and comments on the issue. The minister said in the Code of Criminal Procedure, various sections are already in place for speedy trial and elimination of delays in investigation and trial proceedings. Moreover, amendments have been carried out in the CrPC in 2008 to ensure time-bound conviction and speedy delivery of justice, he said. "Amendment to Section 309 for continuing the proceedings of trial on a day-to-day basis until all the witnesses in attendance have been examined has also been made through Criminal Law (Amendment Act 2013)," Rijiju said. Source: http://www.business-standard.com/article/pti-stories/no-proposal-to-abolish-death-sentence-govt-114080501135_1.html [last accessed 06.02.2015]

Juveniles Sentenced in Mumbai Gang Rapes

VOA News July 15, 2014 8:37 AM

The abandoned textile mill where two women were gang raped in separate incidents in Mumbai, India, August 23, 2013. An Indian court has convicted two juveniles for separate gang rapes in an abandoned mill in the western city of Mumbai. Public prosecutor Ujjwal Nikam told reporters Tuesday that a judge found the teenagers guilty and sentenced them to three years in a reform institution. One juvenile was convicted in the gang rape of a photojournalist passing through the mill in August of 2013. The other was found guilty in the gang rape of a telephone operator at the same location a month earlier. The telephone operator reportedly came forward to police after hearing media reports of the photojournalist's rape. A Mumbai court in April sentenced three other convicts to death for their involvement in both gang rapes, the first such sentence since India approved a law giving stricter punishments for those convicted of sexual assault.

Two others were sentenced to life in prison in connection with the Mumbai gang rapes. The government approved harsher punishments for rape in response to outrage over the December 2012 brutal gang rape and killing of a young woman in the Indian capital. The attack sparked nationwide protests, with demonstrators demanding better protection for women and justice for victims of such crimes. ​On Monday, the Indian Supreme Court stayed the execution of two men involved in the 2012 gang rape of the young woman aboard a private bus in New Delhi. Their lawyer, A.P. Singh, told reporters that the court suspended his clients' death sentences while the two men appeal their case. Source: http://www.voanews.com/content/juveniles-sentenced-in-mumbai-gang-rapes/1957740.html