File photo of the Supreme Court. (Photo: PTI)
New Delhi: The Supreme Court on Friday upheld the death sentence handed down to a man convicted of abducting, raping and killing a seven-and-a-half-year-old physically and mentally handicapped girl, saying the crime was brutal and inhumane.
A bench of Justices AM Khanulkar, Dinesh Maheshwari and CT Ravi Kumar upheld the death sentence of convict Manoj Pratap Singh and dismissed his appeal challenging the order of Rajasthan High Court.
The Supreme Court noted the fact that the innocent victim was abducted on a stolen motorcycle, misusing the trust gained from the offer of confectionery items and was brutally and inhumanely raped.
Accordingly, these appeals are dismissed; the appellant under sections 363, 365, 376 (2) (f), 302 of the Indian Penal Code, 1860 and section 6 of the Protection of Children from Sexual Offenses Act, 2012. The sentence passed on the appellant has been upheld and the death sentence for the offense under section 302 of the Indian Penal Code, 1860 has also been upheld, “the apex court said.
The Supreme Court noted the nature of the crime and described it as extremely vile, which shook the conscience, especially after looking at the target (a seven-and-a-half-year-old mentally and physically handicapped girl) and then, observing. The method of committing the murder, where the victim’s head was literally broken, resulted in multiple injuries, including a fracture of the frontal bone.
“In the current situation, where all the elements around the crime and all the elements around the culprit have cut the balance sheet of deteriorating and diminishing conditions, we clearly believe that the death penalty There is no reason to reduce it. For any other sentence of inferior nature, even an alternative to imprisonment for the whole of natural life without any pardon, depending on the nature of the offender’s offenses and his misconduct. This does not seem to be the case.
The apex court noted the offender’s activities and actions prior to the current offense as he was found involved in at least four cases involving various offenses ranging from damage to public property and murder. He was also convicted in a separate case under IPC. Another prisoner
“Going forward, there is no prospect of rectification and rehabilitation. The possibility of the appellant recurring in the same offense and the fact that there is no possibility of rectification / rehabilitation is a direct challenge. There is also a risk to reinstatement of the seizure. Therefore, taking the facts of the present case as a whole, it is clear that it is unlikely that the appellant will not be able to do so if he is pardoned. As a result, we feel that there is no other option but to have the death sentence handed down to the appellant upheld, as it is inevitable in this particular case. The Supreme Court said.
Manoj Pratap Singh has challenged the appeal challenging the order of Rajasthan High Court dated May 29, 2015. On May 29, 2015, the Judicial Court of Rajasthan in Jodhpur upheld the sentence on 28.09.2013 and passed the sentence on 02.01.2015. Protection of children from sexual offenses through a special judge’s court, Rajsamand.
The High Court upheld the sentence of the appellant for the offenses punishable under sections 363, 365, 376 (2) (f), 302 of the Indian Penal Code and section 6 of the Protection of Children from Sexual Offenses Act, 2012. 302 upheld the death sentence handed down by the trial court for an offense under IPC.
Appellant Manoj Pratap Singh is accused of abducting a seven-and-a-half-year-old physically and mentally handicapped girl from a vehicle selling fruits and vegetables in front of her parents. He was then taken to a deserted place. He was raped, and his head was beaten to death.
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