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Perumbavoor Law Student Rape-Murder Case: Trial Court Awards Death To Ameerul Islam [Read Judgment]

Ashok K.M
14 Dec 2017 8:00 AM GMT
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The Ernakulam Principal Sessions Court has sentenced the lone convict in the Perumbavoor law student rape and murder case, Ameerul Islam, to death.

Two days ago, the court had found him guilty in the case and convicted him under IPC sections 449 for trespass, 342 for wrongful confinement, 376 for rape and 302 for murder.

Sessions Judge Anil Kumar said in his 410 page Judgment;

"Her father, late Kuttikattuparambil Pappu had abandoned the family when she was a small child. However, she took the challenge to overcome all the hurdles that came in her way and her dream to become an advocate was just about to become a reality. Her mother, Rajeswary, had been a strong pillar of support for her and the mother dreamt to see her daughter enrolled as an advocate so that the family can hope for a secured future. However, all their dreams ended when the accused mercilessly raped and murdered her in an extremely brutal, grotesque, diabolical, revolting, and dastardly manner to arouse intense and extreme indignation of the society".

In Mukesh's (Nirbhaya) case the Hon'ble Supreme Court held that “We have a great responsibility to set good values and guidance for posterity. In the words of the great scholar, Swami Vivekananda, “the best thermometer to the progress of a nation is its treatment of its women.” Crime against women not only affects women's self­-esteem and dignity but also degrades the pace of societal development. I hope that this gruesome incident in the capital and death of this young woman will be an eye opener for a mass movement “to end violence against women” and “respect for women and her dignity” and sensitizing public at large on gender justice. Every individual, irrespective of his/her gender must be willing to assume the responsibility in fight for gender justice and also awaken public opinion on gender justice.”

Let this verdict be yet another revelation for mass movement “to end violence against women” and to gain “respect for women and her dignity” in the years to come".

The law student was found brutally murdered in her house at Perumbavoor in Ernakulam district last year. She was doing her LLB Course at Government Law College, Ernakulam, and lived with her mother.

Ameerul Islam was arrested 49 days after the incident.

A Special Investigation Team, which probed the case, had filed a 1,500-page charge sheet on September 17, 2016. The court completed hearing the case on the 6th of this December.

Sentences 

1. (i) rigorous imprisonment for 7 (seven) years and also to pay a fine of Rs.15,000/­ (Rupees fifteen thousand only) and in default, to undergo rigorous imprisonment for 6 (six)months more for the offence under section 449 of IPC;

(ii) rigorous imprisonment for 1 (one) year and also to pay a fine of Rs.1000/­ (Rupees one thousand only) and in default, to undergo rigorous imprisonment for a period of 1 (one) month more for the offence punishable under Section
342 of the IPC;

(iii) rigorous imprisonment for 10 years and also to pay a fine of Rs.25,000/­ (Rupees twenty five thousand only) and in default, to undergo rigorous imprisonment for 1 (one) year more for the offence punishable under Section 376 of the IPC;

(iv) imprisonment for life under Section 376 A of IPC and also to pay a fine of Rs.25,000/­ (Rupees twenty five thousand only) and in default, to undergo rigorous imprisonment for 1 (one) year more for the offence punishable under Section 376A of the IPC;

(v) death for the offence punishable under Section 302 of IPC and accordingly, the accused be hanged by neck till he is dead. Fine of Rs.25, 000/­ (Rupees twenty five thousand only) to the accused is also imposed and in default, the fine will be recovered in accordance with law.

2. The substantive sentence of imprisonment ordered shall run concurrently.

3. Death sentence imposed on the accused will be subject to confirmation of the Hon'ble High Court of Kerala and for that; the proceedings of the case will be forwarded to the Hon'ble High Court.

4. Certified copy of the judgment shall be immediately given to the convict free of cost whether or not he applies for the same as contemplated under the proviso to Section 363(2) of Cr.PC.

5. The death penalty is being sent to the Hon'ble High Court for the confirmation of the same. The file will be prepared as per the rules and sent to the Hon'ble High Court of Kerala.

6. The accused is also informed that he can file appeal against the judgment and order on sentence, within a period of thirty days as per Article 115 of the Limitation Act, 1963.

7. On execution of death sentence, the custodial sentence shall lapse.

8. The accused is in jail. In case the sentence imposed on the accused is commuted or remitted by the appropriate authorities, he will be entitled to get set off the period of detention undergone by him from 17.6.2016 till this date.

9. This court recommends that appropriate compensation under Section 357A of Cr.PC be awarded to the legal heirs of the victim and hence, a copy of this judgment be sent to the Secretary, District Legal Services Authority, Ernakulam for deciding the quantum of compensation to be awarded under the Victim Compensation Scheme referred to in Sub Section 1 of Section 357A of Cr.PC.

10. The accused will be sent to the Central Prison, Viyyoor to serve out the sentence.

Read the Judgment Here

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