Supreme Court on Friday upheld the death penalty of a 37-year-old man for the rape and murder of a seven-year-old girl.
The girl was physically and mentally challenged. The crime was taken place in 2013, in Rajasthan. When the defender was 28 years old. A bench comprising 3-judges justice AM Khanwilkar, Dinesh Maheshwari, and CT Ravi Kumar said that the crime has been of extreme depravity, particularly because of the vulnerable state of the victim and also the kind of crime he committed. The crime was committed by calling Manoj Pratap Singh in 2013. The victim was kidnapped by the convict and then she was raped and her head was smashed resulting in many injuries also fractures of the frontal bone there was also gruesome damage to her private parts.
The SUPREME COURT observed the matter and said “all the elements surrounding the offences as also all the elements surrounding the offender cut across the balance sheet of aggravating circumstances, we all can view that there was no such reason to commute the sentence of death to any other sentence of lesser degree. The alternative punishment could have been Life imprisonment for the whole natural life with no remission but it does not appear to be justified in the view of the nature of the crime committed by Manoj Pratap Singh.” The offender said that he was only 28 years of age when he committed the crime. Now he has a family a wife, a minor daughter and an old-age father to look after. Firstly the court marked that the offender had criminal antecedents and he was involved in at least four cases of destruction of public property, attempt to murder and theft, also his present crime includes stealing a motorcycle. The court further marked that even after conviction the convict was convicted for the murder of another Jail mate and also had a 7 days punishment for quarrelling with someone in the jail.
In the present case, the most disturbing and shocking factor is that even while in Jail the offender has not been free from the blemish, he has been accused and convicted for the offence of yet another murder of his Jail mate, while joining hands with other three inmates. The court even went to the extent of stating the fact that the convict was a danger to society. The court stated that looking at the incorrigible conduct of the convict the alternative option was awarding him life imprisonment put the for the remainder of life without any remission. The bench said that there is no other option but to confirm the death sentence for the convict, for that being inevitable in this particular case. The prosecution case rested on circumstantial evidence on the fact that the victim was last seen with the offender when he took her away, the dead body of the victim and other articles or items related to the crime was recovered at the instance of the offender when the offender was asked about his items he failed to explain, the medical and other scientific evidence was against the offender. According to the prosecution, the entire chain of crime what is completed and was conclusive of the guilty of the offender. The offender asserted that he was falsely implicated, though he did not have any evidence in his defence. The trial and the investigation of the case what is completed in a matter of months. The death penalty was awarded by the trial court within 10 months of the crime.
Tags : #supremecourt #highcourt #rape #crime #crimial