KEYWORDS:- POCSO Act, Child Rape, Murder, Ernakulam Court, Aluva Murder case
An Ernakulam sessions in court today awarded death sentence to the accused Ashfaq Alam for the rape and murder of 5-year child in Aluva. [State of Kerala v. Asafak Alam].
On November 4, Additional District and Sessions Judge K Soman who hears all the cases related to the offences under POCSO (Protection of Children from Sexual Offences Act) declared the death sentence today after the conviction of Alam for the crime.
As per the Local News Channels, the Judge also opined that Alam does not deserve any flexibility or leniency.
“For the offence u/s.302 of Indian Penal Code the accused is sentenced to death and I direct that he be hanged by the neck till he is dead … This proceedings shall be submitted before the Hon’ble High Court of Kerala for confirmation of the death sentence,” the Court’s order stated..
This crime took place in July of this year when Alam, a migrant worker from bihar, raped and murdered the 5year old victim girl. The child also lived in the same building as he did. The child’s body was later discovered in a sack behind the local market in Aluva. Alam had dealt with various charges which includes penetrative sexual assault under Section 3 of the POCSO Act and many more charges like rape, murder under the POCSO Act.
On November 4, the POCSO Act found the Alam, the accused guilty of all the sixteen charges and declared death sentence as a punishment for such offence on November 14. The sentence awarded today was against a total of 13 legal provisions which come under IPC and POCSO Act.
These included murder, rape, unnatural sex, hurt by use of poison, kidnapping of murder, Procuration of minor girl, Kidnapping for causing grievous hurt, Indignity to human corpus and Disappearance of evidence under various sections of Indian Penal Code. Furthermore, he was punished under three sub-sections which includes Penetrative Sexual Assault, Sexual Assault and giving intoxicating liquour under Section 5, 6 and 77 of the POCSO Act respectively.
The death sentence on Alam was for the offence of murder, whereas he was awarded to life imprisonment for rape and the offence under the POCSO Act. The judge said that in this case, life imprisonment means imprisonment for the rememberance of his natural life.
He was sentenced to ten years of rigorous imprisonment for the offence under Section 364, 366A, 367 and 328 of Indian Penal Code. Under Section 77 of the Juvenile Justice Act, he was sentenced to three years of rigorous imprisonment. He was also awarded life imprisonment for hiding evidence and causing and treating indignity to human corpus.
The Judge further added that all the sentences would run at the same time.
Alam was ordered to pay fine for each offences ranging between Rs. 10,000 to Rs. 1 Lakh for the offences of rape, murder and other offences under POCSO Act and IPC.
Notably, the court found the accused guilty after 26 days of the trial. The Ernakulam Court had started hearing on September 7. Charges framed on 16 September and read over to accused on the same date.
The sentence declared today comes on the 110th after the commitment of such ridiculous crime, which purpotedly took place on July 28.
Written by:- Dolly Singh Gehlot, College:- BM Law College, Jodhpur, Semester:- 5th an intern under Legal Vidhiya
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