SC reserves verdict in Yug Chandak murder case

Staff Reporter :

Supreme Court of India has reserved its verdict in Yug Chandak murder case after hearing the appeals filed by two convicts Rajesh Daware and Arvind Singh. The duo were awarded a rare double death penalty by trial court on February 4, 2016, for gruesome murder of 8-year-old innocent Yug Chandak kidnapped for ransom. High Court had confirmed the double death penalty on May 5, 2016. Both the accused had been held guilty of kidnapping Yug for ransom, under Section 364-A of the Indian Penal Code (IPC) and for murder of the child under Section 302 of the IPC and sentenced to double death penalty. Further, the trial court had awarded them life imprisonment for hatching criminal conspiracy, with a fine of Rs 10,000 each. Accused Rajesh was employed as receptionist with Dr Mukesh Chandak, the father of the child.

The other accused was his friend. Senior Counsel Mukul Rohatgi appearing for the State of Maharashtra strongly urged the Apex Court to maintain death penalty of both the convicts and described their existence as threat to society. Listing the aggravating circumstances like brutality, cold-blooded manner in which a helpless child was eliminated, Rohatgi claimed that the crime created fear psychosis in the society and safety of every child stepping out of house had become a matter of concern for entire society and demanded to maintain death sentence for Rajesh Daware and Arvind Singh, the perpetrators involved in kidnapping and diabolical murder of Yug.

Adv Dr Yug Chaudhari appearing for the appellants claimed that entire conviction was based on very weak evidence. Denying the role of the accused in the murder, he claimed that they were falsely implicated and claimed that prosecution had planted and tutored the witnesses. The appellants also questioned the fairness of identification parade and claimed that it was not conducted as per guidelines in criminal manual. The appellant-convicts also raised question-marks over reliability of CCTV camera footage recovered from petrol pump on Koradi road and apprehended possibility of tampering and stated that authentication certificate as per Section 65-B of Indian Evidence Act was not attached.

A bench consisting of Justice Uday Lalit, Justice Indu Malhotra, and Justice Hemant Gupta reserved the judgement after hearing the appeals filed by convicts. While confirming the double death penalty, the High Court had clearly held that the prosecution had proved the guilt of the accused persons beyond reasonable doubt and the trial court’s verdict warranted no interference.

The investigation stands corroborated by DNA test, chemical analysis and scientific evidence placed by the prosecution on record. Emphasising that this was the rarest of rare case, both according to the public at large and the persons holding judicial powers, the High Court had referred to public outrage against this heinous and diabolic crime, which spread terror amongst parents of school-going children, making them unsure about they coming back home. The Principal District Judge, who conducted the trial, had also refused to show any leniency to both the accused citing cruel mentality of accused, greed for the money, rage and no value for human life as compelling reasons for handing down death penalty to the accused duo who hatched a deliberate and well-planned conspiracy after thoughtful process that led to killing of an innocent child. Senior Counsel Mukul Rohatgi was assisted by Adv Rajendra Daga and Adv Rahil Mirza who represented the aggrieved parents. Adv Dr Yug Chaudhari represented the appellants.