Gujrat - Supreme Court Sets Aside Death Penalty In Boy's Sexual Assault, Murder Case

The bench said the lack of explanation by the appellant was to say the least "baffling".

Dec 18, 2024

New Delhi: The Supreme Court on Tuesday set aside the death sentence imposed on a convict in a sexual assault and murder case of a four-year-old minor boy in 2016, and substituted it with a 25-year jail term without remission. Holding the crime was diabolical, a bench comprising Justices B R Gavai, Aravind Kumar and K V Viswanathan, took note of the mitigating circumstances and observed it was not a case where the possibility of reformation was completely ruled out.

The case does not fall in the rarest of rare category, the bench said.

"Having regard to the nature of the offence, a sentence of imprisonment for a prescribed period without remission would alone be proportionate to the crime and also not jeopardise the public confidence in the efficacy of the legal system," it said, "a sentence of imprisonment for a period of 25 years without remission would be a just dessert". The apex court delivered its judgement on an appeal filed by convict Sambhubhai Raisangbhai Padhiyar challenging the Gujarat High Court's April 2019 verdict. The high court had confirmed the conviction and death sentence imposed on him by a trial court for the offences punishable under various sections of the IPC, including murder besides the Protection of Children from Sexual offences (POCSO) Act, 2012. According to the prosecution, Padhiyar kidnapped the four-year-old boy, sexual assaulted and murdered him in April, 2016, in Gujarat's Bharuch district.

"Without doubt, the crime committed by the appellant was diabolic in character. He enticed the innocent child by tempting him with ice-cream and brutally sodomised and murdered the four-year old. The appellant also mercilessly strangulated the deceased," the top court said. The mitigation investigation report filed before the apex court showed the appellant was 24-years of age at the time of incident, no criminal antecedents and hailed from a low socio-economic household. The bench said the report from the superintendent of Vadodara Jail indicated the appellant's behaviour in prison was completely normal and his conduct was good. It further said the report from a mental health hospital indicated the appellant had no psychiatric problem at present.

"Considering the overall facts and circumstances, we hold that the present is not a case where it can be said that the possibility of reformation is completely ruled out. The option of life imprisonment is also not foreclosed," the bench said. It said though the case of the appellant fell short of the rarest of rare category, considering the nature of the crime, the court "strongly" felt a sentence of life imprisonment -- normally working out for 14 years -- would be grossly disproportionate and inadequate. The top court's verdict noted the prosecution's case alleging the child was playing near his house when the accused took him on the pretext of getting him ice-cream, and later his mortal remains were found near bushes. "The deceased, aged between three-and-a-half and four years, was a small child, just out of toddlerhood and at the preschool stage. This is very significant because when the appellant has from the neighbourhood of the house of the deceased taken the deceased one would expect that the small child would be brought back and dropped at the house," it said.

It also came on record that the convict offered no explanation about what had happened after he spent time with the child and it wasn't the man's case that he handed over the child to someone else or dropped the boy home. The bench said the lack of explanation by the appellant was to say the least "baffling". The top court observed it was well settled if the accused was last seen with the deceased, particularly when the time gap between the last seen stage and occurrence of death was so short, the accused must offer a plausible explanation about how he parted his company with the deceased, and it must be satisfactory. While maintaining his conviction for the offences, including that of murder and under the provisions of the POCSO Act, the bench set aside the sentence of death for the offence under Section 302 (murder) and substituted it with the rigorous imprisonment for 25 years without remission. While partly allowing the appeal, the bench set aside the Rs 20,000 fine imposed on him by the trial court, considering his socio-economic condition.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

Source: https://www.ndtv.com/india-news/supreme-court-sets-aside-death-penalty-in-boys-sexual-assault-murder-case-7272399

Maharashtra - Cannibal who killed and ate his own mother has death sentence stayed by top court

India’s top court puts temporary stay on execution until case can be reviewed

Shweta Sharma

Wednesday 18 December 2024 03:32 EST

India’s top court put a temporary stay on the execution of a man convicted of killing his mother and eating her remains in what is being deemed as the “rarest of rare” cases of cannibalism.

Sunil Rama Kuchkoravi of western Maharashtra state’s Kolhapur district was handed a death penalty by a lower court in 2021 for killing his 63-year-old mother in 2017. The High Court in October this year upheld the death sentence against Kuchkoravi, stating that the convict possibly has a “syndrome of pathological cannibalism”. The court was told that Kuchkoravi murdered his mother Yallava Kuchkoravi on 28 August 2017 at their home and cooked her organs. The convict used to regularly pick quarrels with his mother, demanding money for buying alcohol.

In an 11 December hearing, the Supreme Court temporarily stayed the High Court and trial court sentences of the death penalty after it was challenged by the convict. Courts set the “rarest of the rare” standard to justify capital punishment in India. The panel of three Supreme Court judges, justices Surya Kant, Pankaj Mithal, and Ujjal Bhuyan, issued notice to the parties in the case to submit all the relevant documents and records for the review of the case. “The records of the trial court as well as the High Court along with translated version and soft copies of the same be requisitioned,” the order said.

The case will be heard next on 14 April 2025. Upholding the verdict in October, the High Court said: "The case falls under the rarest of rare category. The convict not only murdered his mother but he also removed her body parts – brain, heart, liver, kidney, intestine and was cooking them on a pan.” There is no chance of reformation of the convict as he has tendencies of cannibalism, the High Court added.

The incident came to light when an eight-year-old girl from the neighbourhood came into the house and found the body of the woman lying in a pool of blood. The son was also spotted with his hands and clothes soaked in blood. After the news spread in the village, a mob of outraged people thrashed him before a police officer arrived on the scene and rescued Kuchkoravi from being lynched. The officer Sanjay More, who rescued Kuchkoravi, told Times of India in an interview in October that he begged for his life with the promise of getting the capital punishment for him. “I still shudder to recall the brutal murder,” he said. 

Source: https://www.the-independent.com/asia/india/india-cannibal-mother-death-sentence-b2666227.html

West Bengal Man Gets Death Sentence For Minor's Rape And Murder

The sentence comes on the 61st day of the crime, and the investigation was completed and chargesheet submitted by the police in 21 days.

Dec 14, 2024

Kolkata: A Murshidabad court on Friday sentenced to death one person and awarded life imprisonment to another in the rape and murder of a minor girl and necrophilia in West Bengal's Farakka in October. The sentence comes on the 61st day of the crime, and the investigation was completed and chargesheet submitted by the police in 21 days.

The additional sessions judge, Jangipur court, sentenced Dinabandhu Halder to death and Subhojit Halder to life term. The court had on Thursday declared Dinabandhu guilty of rape and murder, and Subhojit of assisting him in the crime. Following the pronouncement of the sentence on Friday, Additional Director General (ADG), West Bengal Police, Supratim Sarkar said that Dinabandhu had lured the girl, offering her flowers on Vijaya Dashami on October 13 at Farakka in Murshidabad district.

Dinabandhu Halder | Source: TOI

She was raped and murdered, and rape was committed on her dead body again thereafter, which is termed necrophilia, by Dinabandhu and he was assisted in the crime by Subhojit, the officer told reporters. Mr Sarkar said that a special investigation team was formed to probe the case and following the arrest of the two persons, the chargesheet was submitted within 21 days. Hailing the sentence, Chief Minister Mamata Banerjee said that every rapist deserves capital punishment.

"I have said this before, and I will say it again: Every rapist deserves nothing less than the harshest punishment — capital punishment. "As a society, we must unite to eradicate this heinous social malice. I believe that swift, time-bound trials and punishments will serve as a powerful deterrent, sending a clear message that such crimes will not be tolerated," she said in a post on X. Congratulating the state police and those involved in the prosecution process, the CM said "my thoughts and prayers are with the family of the victim".

The sentence in the Farakka crime comes barely a week after another death sentence awarded to a man for the rape and murder of a 10-year old girl at Joynagar in South 24 Parganas district. The death sentence to Mostakin Sardar on December 6 was awarded by a sessions court on the 62nd day after the body of the girl was discovered on October 4.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

Source: https://www.ndtv.com/india-news/west-bengal-man-gets-death-sentence-for-minors-rape-and-murder-7244341

Telangana High Court Commutes Death Sentence of 62‑yr‑Old Rapist to life term

 Pinto Deepak | Dec 13, 2024

Key Facts & Summary — HC Commutes Death Sentence of 62‑yr‑Old Rapist

• Accused: Gafafar Ali, a 62‑year‑old migrant worker. The Times of India

• Location: Originally tried in Sangareddy district, Telangana. The Times of India

• Crime: In October 2023, Ali raped and killed a 5‑year‑old girl working at the same construction site where he was employed. He lured her with treats, gave her a drink laced with alcohol, took her to a nearby field, then committed the offence which led to her death. The Times of India

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Trial Court Sentence

• The Sangareddy Sessions Court convicted Ali and awarded him the death penalty, calling the crime a “rarest of rare” case. The Times of India

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High Court Decision

• A Division Bench of the Telangana High Court (Justice K. Surender and Justice Anil Kumar Jukanti) upheld the conviction but commuted the death sentence to life imprisonment. The Times of India

• The High Court’s reasoning included:

  • Ali’s age (62) and lack of prior criminal history.

  • The fact that the victim died from trauma and shock due to the rape, rather than a deliberate act to kill her afterward to destroy evidence.

  • Based on legal principles and Supreme Court directions on mitigation, the bench found that this did not qualify as a “rarest of rare” case warranting execution. The Times of India

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Terms of Imprisonment

• The High Court also ordered that Ali should not be eligible for premature release or remission before serving 30 years in prison and not eligible for parole for 15 years. The Times of India

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Outcome

• Death sentence → Commuted to life imprisonment with strict non‑remission conditions. The Times of India

• The High Court confirmed guilt but concluded the death penalty was not appropriate under the legal standards. The Times of India

Source: https://timesofindia.indiatimes.com/city/hyderabad/hc-commutes-death-sentence-of-62-yr-old-rapist-to-life-term/articleshow/116263262.cms

West Bengal - Court awards death sentence to man for killing wife, daughter

11 Dec 2024

Jalpaiguri: The Jalpaiguri Additional Sessions Court has sentenced a man to death for murdering his wife and daughter. On Tuesday, Third Court Judge Biplab Roy delivered the sentence, nearly two years after the crime. The accused, Lal Singh Oraon, was found guilty of killing his wife, Sakhi Oraon, and their one-and-a-half-year-old daughter, Mamta. Lal Singh Oraon and Sakhi Oraon lived with their two daughters and a son. Sakhi worked as a tea garden labourer at Looksan Tea Estate, while Lal Singh was unemployed and allegedly addicted to alcohol. He frequently abused his wife, demanding money for alcohol, leading to frequent domestic disputes.

Lal Singh Oraon

On March 27, 2023. a heated argument over money escalated. According to police reports, Lal Singh’s brother, Panna Lal Oraon, who lived in an adjacent room, heard distressing sounds late at night. Entering the room, he found Sakhi and Mamta lifeless in a pool of blood, while Lal Singh lay near the door with self-inflicted injuries. Neighbours, alerted by Panna Lal’s screams, rushed to the scene and took Lal Singh to Shulkapada Rural Hospital before he was transferred to Jalpaiguri Medical College. Upon recovering from surgery, he was arrested following a complaint filed by his mother-in-law, Budni Oraon. Investigations revealed that Lal Singh had attacked his wife and daughter with an axe while they were asleep. He then attempted to stage the crime as a robbery, inflicting a stab wound on himself and falsely claiming intruders had killed his family. Public Prosecutor Prosenjit Deb stated, “There were 13 witnesses in this case, including the accused’s brother, Panna Lal Oraon. Based on the evidence, the court sentenced Lal Singh Oraon to death.” District Superintendent of Police Khandbahale Umesh Ganpath commended the swift action taken by authorities. “The accused was arrested soon after the incident. Investigating Officer Jyotish Chandra Barman conducted a thorough investigation and promptly filed the charge sheet.” “Justice has been served. He should immediately be hung,” stated Budni Oraon.

Source: https://www.millenniumpost.in/nation/jalpaiguri-court-sentences-man-to-death-for-killing-wife-and-daughter-597454

Supreme Court Issues Landmark Guidelines on Death Penalty Executions and Mercy Petitions to Prevent Delay

The Court held that such delays violate the convict's right under Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty.

By Sohail Khan | Updated: Dec 11, 2024, 20:25 IST

The Supreme Court of India on Monday 9th December 2024 issued significant guidelines aimed at preventing unnecessary delays in the execution of death sentences and the processing of mercy petitions. The ruling, made in the case of State of Maharashtra & Ors vs Pradeep Yashwant and Anr (Criminal Appeal No. 2831 of 2023), emphasized the importance of ensuring timely action to prevent prolonged uncertainty for death row convicts. The judgment, delivered by a bench comprising Justices Abhay S. Oka, Ahsanuddin Amanullah, and Augustine George Masih, underscored the psychological and physical distress caused by delays in carrying out the death sentence. The Court held that such delays violate the convict's right under Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty.

The case centered around the tragic 2007 gang rape and murder of a 22-year-old Pune BPO employee, where the Bombay High Court had commuted the death sentences of two convicts, Pradeep Kokade and Purshottam Borate, to life imprisonment in 2019. The Supreme Court dismissed the State of Maharashtra's appeals challenging the commutation and focused instead on the broader issue of the delays in the execution of death sentences.

Key conclusions and directions in the judgment include:

1. Inordinate Delay in Execution: The Court held that undue and unexplained delays in executing a death sentence could entitle the convict to seek relief under Article 32 of the Constitution. The Court also stated that such delays could lead to the commutation of the death sentence to life imprisonment, taking into account the agony caused by prolonged uncertainty.

2. Mercy Petitions: The Court recognized the importance of timely processing of mercy petitions. It issued specific directions to all States and Union Territories to establish dedicated cells within the Home or Prison Departments for processing mercy petitions efficiently and within a stipulated timeframe. The dedicated cell must be headed by a designated officer and supported by officials from the Law and Judiciary Department.

3. Duty of Sessions Courts: The Court mandated that the Sessions Court should act swiftly upon receiving confirmation of a death sentence. This includes issuing a notice to the Public Prosecutor and investigating agencies to ascertain the status of any pending appeals, review petitions, or mercy petitions. The Court also emphasized periodic monitoring of these proceedings to ensure that execution warrants are issued without unnecessary delays once all legal avenues are exhausted.

4. Specific Guidelines for Mercy Petitions: The Court ordered that the information required for processing mercy petitions, including the convict's criminal history, family background, economic condition, and the details of their imprisonment, should be gathered and sent promptly to the dedicated cell. The mercy petitions must be forwarded without delay to the offices of the President or Governor, depending on the jurisdiction.

5. Implementing the Judgment: The Supreme Court directed the Home Secretaries of State Governments and Union Territories to implement these guidelines within three months. It also ordered that the Registry of the Court send copies of the judgment to the relevant authorities for compliance and ensure that all Sessions Courts receive copies for proper execution.

This ruling highlights the Court's commitment to ensuring that justice is delivered in a timely manner, particularly in cases involving death penalty convictions. The guidelines aim to eliminate the undue psychological toll that delays impose on death row inmates and reinforce the need for strict adherence to legal timelines. Legal experts and activists have welcomed the judgment as a step toward upholding human dignity and constitutional rights, while urging the government to implement the directions expeditiously. With this ruling, the Supreme Court has firmly placed the onus on the authorities to ensure that the death penalty process is carried out efficiently and compassionately, safeguarding the rights of the convicts while upholding the rule of law. 

This decision also serves as a reminder to the executive to take timely action in cases where mercy petitions are involved, ensuring that the system functions without the delays that often lead to prolonged suffering for the accused. The next review for compliance of the directives will take place on March 17, 2025.

Source: https://udaipurtimes.com/news/sc-issues-landmark-guidelines-on-death-penalty-executions/cid15864298.htm

Bengal man gets death sentence for smothering wife with pillow

PTI - 11 December, 2024

Jalpaiguri (WB), Dec 11 (PTI) A court in West Bengal’s Jalpaiguri district on Tuesday sentenced a man to death for smothering his wife with a pillow around five years ago. Gopal Das killed his wife Lata in his in-laws’ place and hid the body in the septic tank of a neighbour in Bhaktinagar area of the district. Jalpaiguri district court’s additional third court judge Biplab Roy convicted Das of murdering Lata and pronounced capital punishment for him.

Altogether 18 witnesses were examined in the case. Rakesh Singh, DCP (East) of Siliguri Police Commissionerate, said Das killed his wife on April 19, 2019, and dumped the body in the septic tank of a neighbour. Police began an investigation after filing a case under Section 302 of the IPC (murder) and arrested the husband after a few days. PTI COR NN

Source: https://theprint.in/india/bengal-man-gets-death-sentence-for-smothering-wife-with-pillow/2398405/