Rape-cum-murder case: SC stays execution of death sentence awarded to convict
New Delhi (PTI): The Supreme Court has stayed the execution of the death sentence awarded to a man convicted for raping and murdering a 30-year-old law student in Kerala in 2016.
A bench headed by Justice B R Gavai passed the order while hearing the convict's plea challenging the Kerala High Court's May 20 verdict that upheld his conviction and confirmed the death sentence handed to him by a trial court.
"The execution of the death sentence shall remain stayed pending the hearing and final disposal of the present appeal," the bench, also comprising Justices Sanjay Karol and K V Viswanathan, said in its order passed on July 16.
The high court had confirmed the death sentence awarded to Muhammed Ameer-Ul-Islam, a migrant labourer who was 22 years of age at the time of the incident in April 2016.
It had noted in its verdict that the facts were deeply disturbing and "represent an egregious violation of human dignity and sanctity of life, for after committing rape in an inhumane manner, the victim has also been murdered horrendously".
According to the prosecution, the convict had barged into the victim's house on April 28, 2016 with an intention to rape her and when she resisted, he attacked her with a knife and inflicted injuries upon her.
The prosecution further said the convict had escaped to his home state Assam the following day and was arrested in June 2016.
In its order, the apex court said the original case record be summoned from the trial court and the high court.
The bench directed that the State shall place before it the reports of all the probation officers relating to the appellant within eight weeks.
Besides passing other directions, it said the superintendent of prison, Central Prison and Correctional Home, Viyyur, shall submit within eight weeks a report regarding the nature of work performed by the appellant while in jail and a report with regard to his conduct and behaviour while in prison.
"The Government Medical College, Thrissur shall constitute a suitable team for the purpose of carrying out a psychological evaluation of the appellant," it said, adding that the report of the evaluation be submitted before it within eight weeks.
The top court has posted the matter for further hearing after 12 weeks.
In its judgment, the high court had said, "Before parting with the case, it is necessary to observe that it is with a heavy heart that we uphold the ultimate penalty of death sentence to the accused in the case."
"We hope and fervently believe that this judgment would serve as a resolute deterrent to those who would consider perpetrating such abhorrent acts in future, so that persons similarly placed like the victim, who are innumerable in our society, would live with a sense of security and without fear," it had observed.
The trial court had convicted the man for offences punishable under various sections of the Indian Penal Code, including that of rape and murder, and sentenced him to death.
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Child rape-murder: Hundreds protest on Mumbai-Bengaluru highway in Pune; traffic hit
Pune (PTI): Hundreds of people blocked the Mumbai-Bengaluru highway in Pune to protest the rape and murder of a four-year-old girl, leading to traffic disruption on the busy route for about four hours.
The girl's family members and other demonstrators placed the body on the road in the Navale Bridge area on Saturday evening and demanded stringent punishment for the 65-year-old man arrested in the case.
Several videos surfaced showing a huge traffic jam on the highway.
Later, the victim's last rites were performed at the Vaikunt crematorium here shortly after midnight amid tight police security.
The accused man, who works as a labourer and has a criminal record, allegedly lured the girl with the promise of food on Friday in the Bhor tehsil of Pune district. He then took her to a cattle enclosure where he allegedly sexually assaulted her and later killed her by hitting her with a stone, according to the police.
He was arrested based on CCTV footage from a private residence, which captured him with the child.
A case was registered against him under the relevant provisions of the Bharatiya Nyaya Sanhita and the Protection of Children from Sexual Offences (POCSO) Act and he has been remanded in police custody till May 7.
Maharashtra Deputy Chief Minister Sunetra Pawar on Saturday met the family of the victim, assuring them of strict action against the accused and a fast-track trial.
Describing the incident as "shocking" and a "blot on humanity", Pawar said the government stands firmly with the victim's family and will ensure justice.
She also spoke to Chief Minister Devendra Fadnavis and sought a fast-track court trial so that the accused receives the harshest punishment.
Deputy CM Eknath Shinde directed Pune rural police to gather concrete evidence to build a watertight case and conduct the trial in a fast-track court.
Efforts should be made to ensure the accused gets the death penalty, a statement quoted Shinde as saying.
