New Delhi: A man, who was punished for raping a five-year-old girl and then killed him by strangling in the Gadag District in Karnataka, fled the gallows with the Supreme Court who operated his death punishment on the condition that he would spend at least 30 years in prison without remission .
Judicial bench L Nageswara Rao, Sanjiv Khanna and BR Gavai traced the death penalty, which was awarded by the court court and was enforced by the High Court, after considering his young age when committing a violation, his social social was weak.
The background, the absence of a criminal anteceden and his satisfying behavior in prison in the past ten years, as a mitigation factor.
“There is no doubt that the applicant has committed disgusting crime, and for this we believe that detention for life will be sufficient punishment and regret for his actions, in the absence of material to believe that if left alive, he poses a serious and serious threat to the community, And a lifetime imprisonment in our opinion will also counteract the threat.
We believe that there is hope for reform, rehabilitation, and thus the choice of life imprisonment is certainly not taken over and therefore acceptable, “Bench said.
In this case the prisoners have raped the girl, killing her by strangling, and then throwing her body, tied with a gunny bag, into the flow in December 2010.
The court court was given a death penalty for him in 2012 which was enforced by the High Court in 2017.
The convicted later Approaching the peak court.
Providing his assistance, the Supreme Court said that the high court mistaken said that there was no state of mitigation at all.
“To start, it is clear that the applicant does not have a criminal anteceden, there is also no evidence presented to prove that the violation commission has been planned.
As delivered by the Advisor to the applicant, there are no materials shown by the state to show that the applicant cannot be reformed and is Sustainable threats for the community, “he said.
“However, appeal, partially permitted by operating the death penalty with a life imprisonment with the provision that the applicant is not entitled to the release / remission premature before serving an actual 30-year prison sentence for violations under the 302 section of the code and then the sentences given will Walk together and not inequence, “he said.
Referring to the Supreme Court’s verdict in the case of Shatrughna Baban Meshram where 67 APEX court assessment in the previous 40 years surveyed where the death penalty was implemented by the trial or high court court and where the age of the victim was under 16 years.
, The bench said, “It arises from the data above that the age of a low victim has not been considered the only thing or a sufficient factor by this court to impose the death penalty.
If it’s a problem, then all, or almost all, 67 cases will peak in the case Imposition of death sentences to the defendant.
“