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  1. #151
    Senior Member CnCP Legend Mike's Avatar
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    And Again a Stay

    The Supreme Court has stayed the execution of two death row convicts – Vikram Singh and Jasvir Singh @ Jassa, who were sentenced to death for kidnapping and killing a 16-year-old boy after demanding a ransom of Rs 50 lakh from his father. The bench comprising Justice Dipak Misra, Justice AM Khanwilkar and Justice Amitava Roy stayed the execution of death sentence and posted the matter to 2.00 pm on Monday (October 24th) for the final disposal. The sessions court had issued death warrants for the execution of the two convicts on 25th of this month. A petition for re-opening the review petition was filed by the convicts through Advocate BS Billowaria, in view of the Supreme Court judgment in Mohammed Arif @ Ashfaq vs. Registrar, Supreme Court. In Arif’s case, the constitution bench of the Supreme Court by 4:1 majority extended the scope of Article 21 of the Constitution by holding that hearing of cases in which death sentence has been awarded should be by a bench of three judges and the hearing of review petitions in death sentence cases should not be by circulation but should only be in open court.

    http://www.livelaw.in/breaking-sc-st...-row-convicts/
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  2. #152
    Senior Member CnCP Legend Mike's Avatar
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    Execution Delayed

    The Karnataka High court on Thursday stayed the execution of Umesh Reddy, who was sentenced to death in a rape and murder case, till the court adjudicates his plea for commuting death penalty to life imprisonment.

    A Division Bench, comprising Chief Justice Subhro Kamal Mukherjee and Justice Budihal R.B, passed the interim order after preliminary round of hearing of Reddy's petition.

    The prison authorities were preparing for the execution of the death sentence, after the Supreme Court on October 3 this year rejected his review plea. The President had rejected his mercy plea way back in 2013.

    http://www.thehindu.com/news/cities/...cle9244643.ece
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  3. #153
    Senior Member CnCP Addict CharlesMartel's Avatar
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    Amicus Curiae in Nirbhaya Case Suggests Death Penalty to Convicts Be Struck Down

    New Delhi: Senior advocate and amicus curiae in the Nirbhaya rape and murder case Raju Ramachandran has submitted to the Supreme Court that the death sentence given to the four convicts violated the fundamental norms of sentencing and hence deserved to be struck down.

    “Yes, we have made our submissions to the Supreme Court, but I cannot speak anything about it as I am currently involved in the case,” Ramachandran told News18.

    Four accused in the case had been sentenced to death by a trial court, which was upheld by the Delhi High Court in 2014. Their appeal is pending before a Supreme Court bench, which had appointed Ramachandran and senior advocate Sanjay Hedge as amicus curiae to assist the court.

    In his 7-page report, Ramachandran argued that the trial court denied a fair hearing to the accused and that they were treated like a “homogenous class of condemned criminals” without being given any “individualized sentencing process”.

    The report also mentions that since a fair trial was denied to the accused, the death sentence violated Article 14 and Article 21 of the Constitution.

    The 23-year-old paramedic was brutally gang-raped by six persons in a moving bus in south Delhi on the night of December 16, 2012, while returning home. She died later in a hospital in Singapore where the government had airlifted her amid raging protests across the national capital demanding justice.

    One of the accused hanged himself in Tihar jail while another was acquitted since he was a minor. While upholding the death sentences of Vinay Sharma, Akshay Thakur, Mukesh and Pawan Gupta the Delhi High Court had observed that “exemplary punishment” was the need of the hour.

    Also Read: Nirbhaya Gangrape Case Convict Vinay Sharma Attempts Suicide in Tihar Jail

    Reacting to the amicus curiae submission, Nirbhaya’s father Badrinath told News18 that there was no ground for separate sentencing of the culprits. “If even any one of the accused had tried to save my daughter this question would have arisen, but here everyone devoured her. There is no question to give them individual penalty, all of them deserve to be dead,” he said.
    K Parameshwar, who assisted Advocate Ramachandran in the amicus curiae report submitted to the SC bench of Justice Dipak Mishra, Justice Ashok Bhushan and Justice Bhanumati on Friday, said Part I of the report highlighted the mitigating factors.

    “After a conviction, before a sentencing is pronounced, the convict must be given a chance to state any mitigating factors which could help the court avoid imposition of the death sentence. The court itself in a lot of cases has said that mitigating factors like the socio-economic conditions of the accused, mental health, and other parameters could be highlighted by the accused before a sentencing is pronounced. But in this case, this step was clearly avoided,” Parameshwar told News18.

    However, former Supreme Court Judge Justice Markandey Katju dismissed the amicus curiae report saying that there was no question of looking at mitigating factors in this case as the gravity of the crime demanded death penalty.

    But Katju raised serious concerns with regard to the identification of the “real criminals”. “The police in many cases spread its net far and wide which often traps innocents along with the real culprit. We don’t know whether the accused in this case are the actual culprits and we believe only the police testimony. Unless the SC re-looks into this aspect of identification or transfers the case back to the HC, it would be unjust to impose death penalty at this juncture,” he said.

    Parameshwar told News18 that Part II of the submission would be made to the SC bench on Friday. “It will revolve around how the courts failed to strike a proper balance between the aggravating and mitigating factors while pronouncing the death sentence,” said the assisting counsel.

    Amicus curiae is an expert who is not a party to a case and is not solicited by a party, but who assists a court by offering information that is vital for the case to be decided in an unbiased manner. The decision on whether to admit the information lies at the discretion of the court.

    While Ramachandran assists the court as amicus curiae on behalf of convicts Mukesh and Pawan, senior advocate Sanjay Hegde will assist on behalf of Akshay Kumar and Vinay.

    http://www.news18.com/news/india/ami...n-1309296.html

  4. #154
    Administrator Helen's Avatar
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    Bill providing death penalty for cow slaughter introduced in RS

    Keeping date with his promise, BJP member Dr Subramanian Swamy on Friday introduced the Cow Protection Bill, 2017 that could invite controversy for providing death penalty for slaughter of the 'revered' bovine.

    Moving the private member bill, Swamy said, "I beg to move for leave to introduce a Bill to create an Authority to ensure stabilization of population of cows (Bos Indicus) and to suggest such measures to comply with Articles 37 and 48 of the Constitution, to ban the slaughter of cows and to provide for deterrent punishment including death penalty for slaughter of cows and for matters connected therewith or incidental thereto."

    In the history of Indian parliament, only one private member's bill has so far become a law. Almost as a thumb rule scores of private members bills, that are introduced in Parliament each session, are withdrawn by the respective members after the government gives its views or assurance on those particular subjects.

    With the motion getting adopted by the House, the bill is expected to be discussed in the Rajya Sabha in the coming week or next and may see some fireworks because of the controversy surrounding it. During the last couple of years, cow protection has become a contentious issue in north India with vigilante groups punishing and even murdering people of the minority community and even Dalits for allegedly consuming or killing cows.

    Invoking Mahatma Gandhi in its statement of objects and reasons, the bill referring to article 37 and 48 of the Constitution calls for "a law to be enacted to ban the slaughter of all cows as wished by Mahatma Gandhi as an imperative for free Independent India" and recommends "punishment including death penalty as a necessary deterrent for the prevention of the criminal offence of cow slaughter."

    The bill provides that the authority should have Animal Husbandry Secretary and five eminent persons from fields like agricultural economics, animal welfare and ancient Indian history or culture.

    It says that the body should formulate schemes to provide for health of cows and calves and provide funds to help incentivise adoption of cow and setting up 'goshalas'.

    "The authority should also recommend to the Central government, deterrent penalties including death penalty, to those who commit offences against cows," the bill says.

    It says that the Authority should frame syllabus for awareness about importance of cows protection and development all over the country and that the Authority should prepare an annual report which should be tabled in the Parliament.

    http://www.dnaindia.com/india/report...-in-rs-2367373
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
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  5. #155
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    Supreme Court upholds death penalty for 55-year-old who raped, killed 4-year-old

    The Supreme Court on Wednesday dismissed a review petition of a 55-year-old man and sent him to gallows for raping and stoning to death a four-year-old girl in 2008.

    A bench headed by Justice Dipak Misra said “no case is made out” and dismissed the review petition.

    The bench, which also comprised Justices RF Nariman and UU Lalit, said “the aggravating circumstances and the barbaric manner in which the four-year-old was killed, clearly outweigh the mitigating circumstances.”

    The convict is currently lodged in Nagpur jail.

    The court had on November 26, 2014 upheld the trial court as well as Bombay High Court judgements awarding death sentence to Maharashtra resident Vasanta Sampat Dupare in the 2008 rape-cum-murder case of Nagpur.

    The apex court had on July 14 last year agreed to examine the plea of Dupare, who had claimed he was not accorded a fair chance to put forth his arguments by the trial court which sentenced him to death.

    While upholding death penalty awarded to the convict, the top court had said that the rape of a minor girl child is nothing but “a monstrous burial of her dignity in darkness.”

    The court had referred to the sequence of events in the case and said that the convict, who was a neighbour, lured the girl, raped her and then battered her to death using two heavy stones.

    http://m.hindustantimes.com/india-ne...gOaD6JXYK.html
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  6. #156
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    India's Top Court Upholds Death Penalty in Delhi Gang Rape Case

    NEW DELHI (Reuters) - India's top court on Friday upheld death sentences against four men who fatally gang raped a woman on board a bus in 2012, a crime that sparked widespread protests and drew international attention to violence against women.

    Applause broke out in court among relatives of the victim - whose identity is protected by law - as judges explained the crime met the "rarest of the rare" standard required to justify capital punishment in India.

    "It's a barbaric crime and it has shaken the society's conscience," Justice R. Banumathi said, as a three-judge Supreme Court panel threw out an appeal on behalf of the defendants.

    The five men and a juvenile lured the 23-year-old trainee physiotherapist and her male friend on to a bus in New Delhi on Dec. 16, 2012, before repeatedly raping the woman and beating both with a metal bar and dumping them on a road.

    The woman died of internal injuries nearly two weeks later in a Singapore hospital.

    "I am very satisfied. Today I am happy," the victim's mother said outside the courthouse.

    Her father said: "It's not just a victory for my family, it's a victory for each and every woman in our country."

    Four of the attackers were sentenced to death 2013 while the fifth hanged himself in prison during the original seven-month trial. That verdict was upheld by the Delhi High Court in 2014.

    The four - gym instructor Vinay Sharma, bus cleaner Akshay Kumar Thakur, fruit-seller Pawan Gupta and unemployed Mukesh Singh - then appealed to the Supreme Court. The defendants were not in court on Friday.

    'RAPE EPIDEMIC'

    The crime sparked large-scale protests and led thousands of women across India to break their silence over sexual violence that often goes unreported.

    It also shone a spotlight on what women's groups call a rape epidemic in the country. In 2015, police registered more than 34,000 rape complaints and 84,000 women filed sexual harassment cases, according to the National Crime Records Bureau.

    Authorities have stiffened penalties against sex crimes, introduced fast-track trials in rape cases and made stalking a crime.

    A.P. Singh, a lawyer representing three of the condemned men, said justice had not been done. He vowed to file a review petition to the chief justice of the Supreme Court.

    The last recourse of the convicts, all of whom are now in their twenties, would be to seek clemency from President Pranab Mukherjee.

    The sixth defendant, a minor accused of pulling out part of the woman's intestines with his own hand, was sent to a reform home for three years and has since been released.

    CAPITAL CONTROVERSY

    Despite the toughening of the laws, debate continues over whether they serve as a sufficient deterrent.

    On average, 50 crimes against women are registered every day by police in Delhi, including at least four cases of rape, according to a senior official in the federal home ministry.

    Opponents of capital punishment argue that public and media pressure swayed the judges in the Delhi gang rape case to impose the death penalty, adding to the hundreds of already waiting on death row in India.

    "There are many cases of rape and murder where death sentences were not ordered. It can't be subjective," said Seema Misra, a lawyer who has worked extensively on cases involving women.

    More than 400 people are known to have been sentenced to death in India, according to a tally by Amnesty International, with 136 being condemned in 2016.

    The last rapist to be executed in India was Dhananjoy Chatterjee, on Aug. 14, 2004. He was hanged at Alipore Central Jail in West Bengal, on his 42nd birthday, for raping and murdering a teenage girl.

    https://www.usnews.com/news/world/ar...gang-rape-case
    If we showed a caveman technology, he'd think it was magic. If we showed a modern man magic, he'd think it was technology.

  7. #157
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    Death Sentence to a Man in 2013 Rape-murder Case

    Alipuduar: The local court on Saturday awarded death sentence to a man who raped and murdered a class VI student four years ago.

    Additional Chief Judicial Magistrate (ACJM) Alipurduar A K Pal sentenced Albert Toppo to death for raping and killing the girl in 2013, according to the ACJM court.

    The accused had tied the victim's body to tea bushes.

    The death sentence came a day after capital punishment was upheld by the Supreme Court for four convicted persons in the infamous Delhi rape-murder case of 2012.

    http://www.news18.com/news/india/dea...e-1393997.html
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  8. #158
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    Three sentenced to death in Nayana Pujari gangrape-murder case

    PUNE: Three persons were given death penalty today by a special court for killing 28-year-old software engineer Nayana Pujari after abducting and gang-raping her eight years ago near here.

    Special Judge L L Yenkar awarded death sentence to the trio - Yogesh Raut, Mahesh Thakur and Vishwas Kadam, a day after convicting them in the eight-year-old sensational gang- rape-cum-murder case.

    While convicting the three yesterday, the court had let off the fourth accused who had turned approver in the case.

    Pujari, who worked at an IT firm in Kharadi was kidnapped on October 7, 2009 evening from Kharadi bypass, while waiting for a transport to return home.

    Her body was recovered two days later from Zarewadi forest area in Khed tehsil of Pune district.

    Yogesh, Mahesh and Vishwas, who were given death penalty today had been convicted of seven counts of various offences including those of kidnapping, gang-rape, murder, robbery, misappropriation of property after hatching a criminal conspiracy in furtherance of their common intention.

    The three, however, had been acquitted of three other charges including those of abduction with an aim to commit murder, causing hurt while committing the robbery and the destruction of evidence as the prosecution failed to prove these charges.

    http://m.economictimes.com/news/poli...w/58596882.cms
    If we showed a caveman technology, he'd think it was magic. If we showed a modern man magic, he'd think it was technology.

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