HC confirms death sentence to accused in gangrape case

Source: The Hitavada      Date: 10 May 2018 10:52:09


Legal Correspondent

In the matter related to committing gang rape and murder of the 11 years old girl, the Division Bench of the Madhya Pradesh High Court comprising of Justice, S K Seth and Justice, Nandita Dubey has confirm the death sentence awarded by the trial court to each of the accused.The division bench mentioned in the judgment that “In view of the aforestated, in our considered view, the capital punishment to the accused persons is the only proper punishment and we see no reason to take a different view than the one taken by the trial Court. Hence, we confirm the death sentence awarded by the trial court to each of the accused and resultantly dismiss the appeal preferred by the 28 appellants-accused against their conviction and sentence. Reference is answered accordingly. Let a copy of this judgment be retained in the file of the connected criminal appeal. Office is directed to send a copy of the judgment immediately to the trial Court for taking appropriate action, in accordance with law. Ordered accordingly.”

The division bench added that “In the present factual matrix, the deceased, a helpless child of 11 years, who had gone to keep her belongings to the house of accused Satish, was kidnapped and subsequently raped. She was also subjected to 27 have provided any excuse, much less any provocation for committing such heinous act, coupled with the subsequent conduct of throwing the half naked body of the deceased in the open exhibiting their abusive conduct, and acting normal after commission of the crime, asking for liquor from Jaipal shows lack of any remorse on their part. Under the facts and circumstances of the case, the only punishment, which the accused persons deserve for having committed the reprehensible and gruesome murder of innocent child to satisfy their lust, is nothing but death.

We are immensely appalled by the alarming increase in the recent incidents of child rapes and also being aware of the rising anger of the society over rape of minor across the country, therefore, consider death sentence as a measure of social necessity and also a mean of deterring other potential offenders.” This death reference and connected appeal arise out of the judgment of conviction passed by the Sessions Judge, Dindori holding the accused persons guilty of the charges levelled against them in the trial.
It is undisputed that the deceased and the accused persons are resident of the same village and on April 14, 2017, the family of the deceased as well as the accused Bhagwani had gone to attend the Chowk ceremony at the house of one Anil Maravi. It is also undisputed that in the early morning of April 15, 2017, both the accused had gone to the house of Jaipal asking for liquor, and when the mother of accused-appellant Bhagwani came there, they went away. It is also an admitted fact that the deceased had gone to the house of accused Satish to keep blanket and shawl.

The prosecution case, in nut shell, is that in the intervening night of April 14, 2017 and April 15, 2017, the accused kidnapped the deceased who was aged 11 years and after committing gang rape on her, throttled her to death. It is alleged that on April 14, 2017 at around 9 PM, the deceased, aged 11 years had gone with her parents to attend the chowk ceremony, from where she went missing . She was last seen going to the house of accused Satish to keep blanket and shawl. Her father Brajlal and mother Kalawati searched for her all through the night, but their efforts were rendered futile. At 5 AM on next morning that was April 15, 2017 her dead body ultimately found lying near a hand pump situated near the road. Her slacks were drawn below the knee and there were injuries and scratches on the neck and different parts of body of deceased, her genitals were 4 blood soaked. It was suspected that between 11 PM to 4 AM some unknown person has kidnapped the deceased and committed the heinous offence of rape and after silencing her dumped the body near the hand pump. On the basis of this report, Marg was recorded and FIR was registered against unknown persons at Crime. The trial court found both the accused guilty on each count and sentenced them to various terms of imprisonment, but so far as offence punishable under Section 376 A and 302 of IPC, the trial Court awarded capital punishment, hence this reference for confirmation of death sentence and appeal by accused-appellants Bhagwani and Satish. The division bench of the MPHC has heard the petition (IN REFERENCE) (Received from District & Sessions Judge, Dindori (MP) versus respondents, accused Bhagwani Markam, Satish Singh and criminal appeal filed by appellants, accused Bhagwani Markam and Satish Singh Versus State of Madhya Pradesh Through Police Station Mehandwani, District-Dindori.