In the case State v. Ajay, two men were given the death penalty by a special fast track court in Palwal for the gang rape and murder of a nine-year-old deaf and mute girl.
The accused were found guilty of violating sections 364 (kidnapping to murder), 302 (murder), and 201 (causing evidence to disappear) of the Indian Penal Code, as well as Section 6 of the POCSO Act (Punishment for Aggravated Penetrative Sexual Assault).
The crime was extremely barbaric, according to Additional Sessions Judge Prashant Rana, who noted that the victim had been repeatedly raped after her hands were tied and that the convicts had also burned her eyes with beedis.
According to the Court, the case fell into the “rarest of rare” category, necessitating the execution of the accused.
“This case falls into the category of the rarest of the rare due to the brutality of the crime. The Court stated, “The death penalty is the only appropriate punishment for the convicts.”
The convicts matured around 22 and 27 years were neighbors of the person in question. While she was on her way, she was captured by the convicts and taken inside a dense field, where she was gang-raped and killed. One of the convicts had given ₹20 to purchase guavas.
After being smothered and strangled by the neck, she passed away instantly.
The next day, the body was discovered with maggots all over its face.
The Court noted that the convicts had taken every precaution to carry out the barbaric acts of gang rape and the murder of the child in complete secrecy and with cold-blooded planning.
The fact that the victim in the case had multiple injuries, including a fracture in the neck and complete genital damage, was also taken into consideration by the court.
Furthermore, her family was below Poverty Line (BPL), her dad was a worker having 86% inability inferable from post-polio loss of motion, her mom was likewise hard of hearing and quiet and has a train handicap of one leg alongside scholarly incapacities, and her more youthful kin matured 11 and 6 years were additionally hard of hearing and quiet.
The adjudicator proceeded to record that any not exactly capital punishment would be uncalled-for in the conditions of the case and there was not a great explanation to accept that the convicts would be changed and wouldn’t be a threat to society.
“They don’t need mercy at all. The Courts of Law have issued the following warning to potential offenders who may intend to commit similar offenses in the future: “In the event that they commit such offenses with society’s children, they would be signing their own death warrants, and the court would simply execute those warrants.”
The Court additionally noticed that there were endless occurrences of quiet cries by the casualty when the wrongdoing was carried out against her and a few fights by Hard of hearing and Imbecilic Government assistance Relationship of Palwal and other concerned NGOs ensued
“The cosmic intelligence always listens to these silent cries and does complete justice when the time comes for it,” although human ears may not have heard them. The order stated that the convicts should receive “Just Desert” for their actions.
Consequently, it continued to condemn the two to death.
The victim’s legal heirs were also compensated by the court for 30 lakh rupees.
The Punjab and Haryana High Court will need to confirm the death penalty. Advocate SC Chauhan and Special Public Prosecutor Harkesh Kumar appeared on behalf of the prosecution and the complainant.
Ram Rattan Malik and NS Parmar, attorneys, served as the defendants’ advocates.
Name -Sandeep K. Pareek, BALLB(2nd sem.), RNB Global University
