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SC Stays Death Penalty Awarded To Accused In Kidnapping-Cum-Murder Case [Read Order]

Ashok K.M
16 Dec 2017 5:17 AM GMT
SC Stays Death Penalty Awarded To Accused In Kidnapping-Cum-Murder Case [Read Order]
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The Supreme Court has stayed the execution of the death sentence awarded to Rajesh @ Rakesh and Raja Yadav in a kidnapping-cum-murder case.

The Jabalpur bench of Madhya Pradesh High Court had confirmed the death penalty awarded by the trial court to the accused duo, for having found guilty of kidnapping and murdering a 15-year-old boy.

While confirming the death sentence, the high court bench had observed: So far as the accused/appellants Rajesh @ Rakesh and Raja Yadav of not indulging in commission of the crime again and the probability of the accused/appellants being reformed and rehabilitated is concerned looking to the nature and way of committing above offence, in our considered view, there is no possibility of any reform and rehabilitation.

The high court had then said it “has no choice, but to affirm the death penalty imposed upon the accused”.

Interestingly one of the aggravating circumstances which the high court found against the accused was their choice of kidnapping the particular male child for ransom. The court had observed that the parents of the deceased had three children - two daughters and one son - and kidnapping the only male child was to induce maximum fear in the mind of his parents. “Purposefully killing the sole male child has grave repercussions for the parents of the deceased. Agony for parents for the loss of their only male child, who would have carried further the family lineage, and is expected to see them through their old age, is unfathomable. Extreme misery caused to the aggrieved party, certainly adds to the aggravating circumstances,” the bench had said.

After hearing the counsel for accused, the apex court bench headed by Chief Justice of India Dipak Misra ordered: “Issue notice fixing a returnable date within 12 weeks. There shall be stay of execution of the death sentence. Call for the lower court records.”

Read the Order  and MPHC Judgment Here

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