Karnataka Court Finishes Trial In 22 Days; Hands Down Death Penalty For Attempted Rape & Murder Of 15 Year Old [Read Judgment]
A court in Karnataka on Saturday handed down death penalty to a 25-year old coolie for attempted rape and murder of a 15-year-old girl.
The II Additional Sessions Judge Court at Kolar convicted the accused, TN Suresh Babu, and directed that the records be sent to the Karnataka High Court for confirmation of the death sentence. Notably, Judge BS Rekha heard the case and pronounced the judgment in a record 22 days.
The accused was arrested by the Malur police on August 3, for his role in the murder of the student, whose body was found under a railway bridge, two days back on August 1. Examining the witness testimonies and the evidence before it, the Court found Babu guilty.
It observed, “…in my opinion there is no single lapse on the part of the prosecution or the Investigating Officer. There is no probable defence taken by the counsel. In this case the entire materials available on record shows that it is a preplanned, pre-thought crime and it has to be considered as rarest of rare case and the Court has to take this matter seriously so that the other should learn before thinking of this type of act. Hence, in my opinion, the prosecution has proved the guilt on the part of the accused beyond reasonable doubt. Hence, I answer the points for consideration in the affirmative.”
With regard to the sentencing, the Court opined that there exist no mitigating circumstances in the case at hand, explaining, “With respect to mitigating circumstances are concerned, there is no reason as to why lesser punishment should be given to accused. Further, it is not the case that he was mentally unfit or he was having any problem during that particular period which made him to commit this alleged act.
Further this accused may not be having criminal background, but even without that he had committed such a heinous crime and if he is not appropriately punished, the society will be at stake. Hence in my opinion, there is no reason as to why lesser punishment should be given to him. Hence in my opinion capital punishment is the only punishment for this type of criminal.”
The judge in fact referred to the Nirbhaya rape case, and opined that the facts before it were not less gruesome than the Nirbhaya case, noting, “…the victim who is innocent 10th standard student having bright future was murdered for the purpose of sexual act in the daylight within the vicinity of the town”.
Judge Rekha then emphasized on the convict being sentenced adequately in order to serve as a deterrent against any such instances in future, and observed, “If he is allowed for lesser punishment, then it will not be a lesson for others. In this case that girl was innocent and a helpless and she fought for life, but her life came to an end at his hands within span of half an hour. Further if proper punishment is not given, then the life of people will be at stake.”Read the Judgment Here