Court awards double death penalty to murderer of Yash Borkar

Source: The Hitavada      Date: 10 May 2018 10:14:25

Court awards double death penalty to murderer of Yash Borkar


Family members and relatives of Yash Borkar





Staff Reporter,


SPP Vijay Kolhe






Convict Santosh Kalwe





SENDING a tough message to perpetrators of diabolic crimes and murderers of innocent children, the Sessions Court, in a historic verdict on Wednesday, awarded a rare double death penalty to Santosh Ramdas Kalwe (25) for kidnapping and killing 11-year-old Yash Nitin Borkar in a barbaric manner.

Kalwe has been held guilty of kidnapping Yash for ransom under Section 364A of the Indian Penal Code (IPC) and for murder of the child under Section 302 IPC, and sentenced to double death penalty for both the offences by District and Sessions Judge Shekhar Munghate.
“He (Kalwe) be hanged by the neck till he is dead,” Justice Munghate stated in his order.

For the offence under Section 201 (Causing disappearance of evidence of offence, or giving false information to screen offender) of the IPC, the court sentenced Kalwe to seven years’ imprisonment. All the substantive sentences imposed on Kalwe would run concurrently.
There were 22 injuries of Yash’s body and it was proved that he was killed by concrete stone by Kalwe in a most barbaric manner. The court rejected all pleas made by defence counsel Adv S D Chande to show leniency towards accused citing mitigating factors like young age, absence of criminal antecedents and his socio-economic background.

Pronouncing his verdict in a jam-packed court room, Justice Munghate described this gruesome murder as one falling under the rarest of rare category and held it as a fit case where death penalty is warranted. The court refused to show any leniency towards Kalwe citing his cruel mentality, greed for money, rage and no value for human life as compelling reasons for handing down death penalty for hatching a deliberate and well-planned conspiracy after thoughtful process that led to killing of an innocent child.
The prosecution led by Special Public Prosecutor (SPP) Vijay Kolhe, who is a former District Government Pleader, asserted that investigation had proved the entire chain of circumstances conclusively which proves guilt of accused Kalwe. The probe was further corroborated by DNA test, chemical analysis and scientific evidence placed on record.
The prosecution also listed the aggravating circumstances like brutality and cold-blooded manner in which a helpless child was eliminated.

Prosecution proved last seen theory by examining two child witnesses and also recovery of dead body at the instance of accused under Section 27 of the Indian Evidence Act.
Besides, the prosecution cited recovery of mud stain clothes of accused to nail his involvement beyond any reasonable doubt. The prosecution also proved ransom calls made by accused by examining nodal officer and recovery of SIM card packets from his house. Prosecution had examined 27 witnesses to prove his guilt.

In similar kidnap-murder case of Yug Chandak, the district court had awarded death to killers which was maintained by the High Court. In Kush Kataria kidnap-murder case, the Sessions Court had awarded double lifer while the High Court had slapped the third lifer to accused Ayush Pugaliya.
In the instant case, Special Public Prosecutor Vijay Kolhe strongly presented the aggravating circumstances against Kalwe and described kidnapping and murder case as one falling under “rarest of rare” category while seeking capital punishment for him. He urged the court not to show any leniency towards the Kalwe due to extreme brutality shown by him towards the child.

A native of Washim district, Kalwe was a matriculate working with a private firm in Gumgaon. He was staying in a rented room at Khapri, about 500 metres from Yash alias Sahil Borkar’s house. Yash was studying in Standard V in a Khapri school. His father Nitin Borkar used to run a hair-cutting saloon at Khapri Square.
On June 10, 2013, Kalwe kidnapped Yash when he was playing near his house. Kalwe then contacted his father Nitin Borkar on his cellphone around 9.45 pm. He called himself as Javed Khan from Khapri and demanded Rs two lakh ransom for releasing his son.

The kidnapper threatened to kill Yash if the amount was not paid to him. Since then, the kidnapper’s number was not reachable. Kalwe then killed the boy by pinning his head under water repeatedly and later covered the body with concrete blocks near Mihan overbridge in Sonegaon.

Sonegaon Police investigated the case and arrested Kalwe on charges of kidnapping and murder. Police investigation revealed that Kalwe had killed the boy around 5.30 pm and made the call to Nitin Borkar more than four hours later. The probe also had revealed that Kalwe had made Yash drink liquor before killing him. Kalwe had killed Yash with concrete stone. After killing the boy, Kalwe also had performed a ‘puja.’

Sonegaon Police chargesheeted Kalwe and collected concrete evidence against him.
Quoting several judgement of Supreme Court and High Court about need to send a tough message to perpetrators of such heinous crimes, the court noted, “The collective conscience of the society demands that a message be penetrated that such an abhorrent act will not be tolerated by the society and the persons indulging in the such heinous crimes must be dealt with sternly. We have no hesitation to hold that the society demands that this case be treated as ‘the rarest of the rare’ and death penalty be imposed upon the accused herein.”

‘Execution should be at the earliest’

WITH tears rolling down their cheeks, Nitin and Vaishali Borkar, the parents of deceased Yash, offered sweets to Special Public Prosecutor Adv Vijay Kolhe after the Sessions Court awarded double death penalty to Santosh Kalwe for kidnapping and killing their son. They also distributed sweets to their family members and relatives.
Former District Government Pleader, Adv Kolhe fought their case as a Special Public Prosecutor without accepting any remuneration.

Vaishali reacted saying that the sentence should be executed at the earliest so that justice was meted out to her family.

Adv Kolhe said that the record and proceedings of the present case would be submitted to the High Court for confirmation of the death sentence awarded to Kalwe as per Section 366 of the Code of Criminal Procedure.