Andhra Pradesh - Man lures 3-year-old niece with chocolate, rapes, then murders her

Nov 2, 2024

Apoorva Jayachandran

A 3-year-old girl was raped and murdered by her uncle in Andhra Pradesh’s Tirupati on Friday. The 22-year-old accused lured the girl on the pretext of buying chocolate and took her to a nearby field. He then raped her and buried her body after killing her.

The accused, who is the victim’s uncle, lives in the same colony as the child. The girl's parents searched for her and eventually filed a complaint with the police. During the investigation, the accused confessed to the crime, and he is currently in police custody. The victim's body was shifted to Puttur Government Hospital for post-mortem. An MLA of the area demanded severe punishment for the accused.

According to the Tirupati SP Subbarayudu, “The police have identified the child's uncle as the accused. He took her to buy chocolates, raped her and murdered her.” Tirupati Rural police have lodged a case and an investigation is ongoing.

Source: https://www.indiatoday.in/india/andhra-pradesh/story/tirupati-girl-raped-murdered-by-uncle-lures-buying-chocolate-andhra-pradesh-2626964-2024-11-02

Uttar Pradesh - Agra village watchman gets death sentence for rape, murder of 7-year-old girl

During the trial, more than a dozen witnesses testified against the accused. Sonika Chaudhary, Special Judge of POCSO court, upon reviewing the evidence, delivered the verdict and imposed a fine of Rs 1.25 lakh in addition to the death sentence.

Siraj Qureshi | Nov 1, 2024

In a significant ruling, the Agra POCSO court sentenced Rajveer Singh to death for the rape and murder of a seven-year-old girl in Etmadpur. The incident occurred on December 30, 2023, when the girl was playing outside her home. Rajveer, who was the village watchman, lured her to a secluded area where he committed the crime. 

Rajveer Singh: Source: Jagran News

After the attack, the accused attempted to kill the girl by drowning her. When that failed, he brutally struck her on the head with a stone, leading to her death from severe injuries. He then disposed of her body in a nearby field and fled the scene. The case came to light when local residents reported the missing girl, and her body was later found. A thorough investigation led by Agra’s ACP Sukanya Sharma resulted in compelling evidence against Rajveer, including DNA matches from forensic analysis of hair found at the crime scene, witness statements, and CCTV footage showing him with the girl. During the trial, more than a dozen witnesses testified against Rajveer. Sonika Chaudhary, Special Judge of POCSO court, upon reviewing the evidence, delivered the verdict and imposed a fine of Rs 1.25 lakh in addition to the death sentence.

The victim's father was present in court during the sentencing and expressed gratitude towards the judiciary for delivering justice. The accused's family were not present in court during the hearing nor did they ever visit him when he was lodged in jail. Senior advocate M Qureshi noted the importance of the ruling while emphasising the need for stronger measures to ensure that those guilty of such heinous crimes face appropriate punishment. Vishal Sharma, Vice Chairman of Hindustani Biradari, echoed this sentiment, stating that while the death penalty can serve as a deterrent, systemic issues still allow some offenders to evade severe consequences.

Source: https://www.indiatoday.in/india/story/agra-village-watchman-given-death-sentence-for-rape-murder-of-7-year-old-girl-in-2023-2626210-2024-11-01

Maharashtra - Supreme Court acquits death row convict who spent 12 years in jail

Summary

Oct 18, 2024

The Supreme Court has issued several recent acquittals of death row convicts after long incarcerations, with at least two prominent cases involving men who spent around 12 years in prison before their release.

Key Details of the Acquittal (October 2024)The Convict: The news primarily refers to the acquittal of a man (identified in some reports as Ramkirat Munilal Goud or simply as the "man from Thane") who spent 12 years in prison, including six years on death row, for the alleged rape and murder of a minor girl in Maharashtra.

The Verdict: A Supreme Court bench - Justices B R Gavai (Lead), Prashant Kumar Mishra and K V Viswanathan overturned the conviction due to a "flawed and tainted investigation" and a lack of reliable evidence, ruling that suspicion cannot replace proof beyond a reasonable doubt.

Court Observations: The apex court severely criticized the prosecution for failing to establish the chain of circumstantial evidence, noting that the trial and high courts had relied on contradictory witness statements and unconvincing evidence.

Aftermath: Following his acquittal, the man filed a plea in the Supreme Court seeking compensation for his wrongful incarceration, an issue the Court agreed to examine to potentially establish a legal framework for victims of miscarriage of justice.

 

Source: https://timesofindia.indiatimes.com/india/sc-acquits-death-row-convict-who-spent-12-years-in-jail/articleshow/114328658.cms

Bombay High Court upholds penalty of a man convicted in murdering his mother and later eating her organs

1 Oct 2024

The Bombay High Court upheld the death sentence of Sunil Rama Kuchkoravi, who was convicted of the gruesome 2017 murder of his 60-year-old mother in Kolhapur, Maharashtra, and was found to have mutilated and cooked parts of her body after killing her. The Division Bench of Justices Revati Mohite-Dere and Prithviraj Chavan termed the crime as falling into the “rarest of rare” category due to its extreme brutality and cannibalistic aspects, and agreed that there was no chance of his reform or rehabilitation. The court also noted that even life imprisonment would not adequately protect society or fellow inmates given the nature of the offence. Kuchkoravi’s conviction and death sentence, originally imposed by a Kolhapur sessions court in 2021, were therefore confirmed.

Source: https://www.thehindu.com/news/cities/mumbai/bombay-high-court-upholds-penalty-of-a-man-convicted-in-murdering-his-mother-and-later-eating-her-organs/article68706727.ece#google_vignette

 Summary AI

🧑‍⚖️ Facts of the Case

• The Madhya Pradesh High Court reviewed a death sentence awarded by a trial court to three men who were convicted of murdering a couple and injuring three other family members during a violent attack connected to a neighbourhood dispute.

• The trial court had found that the attack was cruel and brutal and, on that basis, sentenced the accused to death, referring the matter to the High Court for confirmation.

⚖️ High Court’s Decision

• A division bench of the High Court upheld the conviction but changed the punishment from the death penalty to life imprisonment till death.

• The High Court said that while the crime was serious and involved planning and violence, it did not satisfy the “rarest of rare” standard that the law requires to justify capital punishment. In particular, it found that the acts — though grave — did not show such overwhelming brutality or social terror that justified execution.

📜 Legal Principles Behind Commutation

The High Court’s reasoning reflects broader principles in Indian capital punishment jurisprudence:

• Under Indian law, life imprisonment is generally treated as the norm, and the death penalty is reserved only for the “rarest of rare” cases.

• Superior courts (High Court or Supreme Court) have the power to modify death sentences if the case’s circumstances do not justify the ultimate punishment—even while upholding conviction. Factors often considered include:

  • Age of the accused

  • Possibility of reform

  • Degree of brutality vs. intention to harm society at large

  • Mitigating human circumstances
    These principles have repeatedly been recognised in Indian case law, where courts commute death sentences when they find serious mitigating factors or when the case does not fall strictly within the rarest-of-rare category.

🧠 What This Means

• The High Court’s order doesn’t acquit the convicts — it sustains the murder conviction — but the punishment has been reduced to life imprisonment without execution.

• “Life imprisonment till death” means they will remain in prison for the rest of their natural lives, although rules on remission/commutation by the government may still apply unless the court specifically restricts it. 

Source: https://timesofindia.indiatimes.com/city/bhopal/mp-high-court-commutes-death-sentence-to-life-imprisonment/articleshow/106243012.cms

Bihar - Patna High Court sets aside death sentence based on sniffer dog evidence

Summary 

The Patna High Court recently set aside the death penalty of a man, Amar Kumar, because the conviction was based solely on sniffer dog evidence. The court did not issue a death sentence to a dog.

In a December 2023 ruling, a division bench of Justices Ashutosh Kumar and Alok Kumar Pandey acquitted the man who had been convicted by a trial court in a case involving the alleged rape and murder of a 12-year-old girl.

Key points from the High Court's judgment:

• Sniffer dog evidence is not sufficient for conviction: The court ruled that evidence gathered by a sniffer dog cannot be considered substantive evidence to establish guilt. At best, it is an investigative tool.
• Lack of corroborating evidence: The prosecution's case rested almost entirely on the fact that a sniffer dog, after smelling the deceased girl's body, entered the accused man's house.
• Procedural lapses: The High Court found serious lapses in the trial, including the fact that the post-mortem report did not mention anything about rape or molestation, which contradicted the prosecution's charge.
• Need for verification: The judges observed that for sniffer dog evidence to have any value, the skill and veracity of the dog, as well as the handler's ability, must be examined in court.

Image only for representative purpose: Source: WWF

The High Court emphasized that strong suspicion cannot substitute for legal proof and that the chain of circumstantial evidence must be complete to warrant a conviction, especially in a case involving the death penalty. The accused was ordered to be released immediately.

Source: https://timesofindia.indiatimes.com/city/patna/patna-hc-sets-aside-death-sentence-based-on-sniffer-dog-evidence/articleshow/106239958.cms

HC acquits Muktsar man awarded death for drowning wife, children

The allegations were that convict Palwinder Singh and Karamjit Kaur had an illicit relationship and planned the murder, in which a car driven by Palwinder fell into Gang canal near Fattanwala village on June 20, 2015, in which his wife Sarabjit Kaur, daughter Gaganpreet Kaur, son Jashanpreet Singh and Karamjit’s husband Nirmal Singh, a servant of the family, were killed

Dec 22, 2023 8:24 AM IST

By Surender Sharma, Chandigarh

The Punjab and Haryana high court has acquitted a Muktsar man, who was awarded death sentence by a trial court for killing his wife and two children in 2015. The HC also acquitted an accused woman, whose husband had also died in the incident.

The allegations were that convict Palwinder Singh and Karamjit Kaur had an illicit relationship and planned the murder, in which a car driven by Palwinder fell into Gang canal near Fattanwala village on June 20, 2015, in which his wife Sarabjit Kaur, daughter Gaganpreet Kaur, son Jashanpreet Singh and Karamjit’s husband Nirmal Singh, a servant of the family, were killed. Lone survivor in the case was Palwinder Singh, who nine months after the incident was booked for murder after he married Karamjit, wife of his servant Nirmal Singh.

Initially, family members of Palwinder’s wife, two of whom were reportedly following the vehicle on a bike, said the car suddenly lost control and fell into the canal. However, subsequently they levelled allegations against Palwinder and cited alleged illicit relationship between him and his servant’s wife as the reason behind the killing. Police registered an FIR on March 19, 2016. The trial court in Muktsar in October 2020 held Palwinder and Karamjit guilty of murder. While Palwinder was awarded death sentence, the woman was awarded life sentence. It was against this order that they approached the high court. The trial court had also sent the reference for high court consideration.

The high court bench of justice GS Sandhawalia and justice Harpreet Kaur Jeewan acquitted the duo holding that the prosecution case suffered from a lot of “infirmities” and termed it a case of “circumstantial evidence”, where chain of circumstances could not be proved beyond “reasonable doubt”. “No doubt a relative, who is an eyewitness, would try to bring on record the real culprit. However, keeping in view the facts and circumstances of the present case, there is a strong indication...(Sarabjit’s brother) being a close relative of the deceased became vindictive and came up with a new version altogether to implicate his brother-in-law in the present case,” it recorded. The court found that on the day of the incident, Sarabjit’s family did not level any allegations and changed their statement and claimed foul play after nine months when Palwinder married his servant’s wife. The allegations of illicit relationship between them also did not figure prior to the FIR, it added.

The court took note of defence version which said the matrimonial alliance between both the appellants became bone of contention which was opposed by the relatives of Sarabjit and said their argument seemed “quite probable and, thus, causes a dent” in the allegations against the convict. It also took note of the fact that after the marriage was solemnised, Palwinder and Karamjit had to approach the court for security as relatives were against this as it was an inter-caste marriage. The trial court ignored one statement that the marriage was on account of the ailing mother of Palwinder Singh and the Sarabjit’s family were not happy about it, the court added.

Source: https://www.hindustantimes.com/cities/chandigarh-news/hc-acquits-muktsar-man-awarded-death-for-drowning-wife-children-101703186692225.html#google_vignette