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| Court awards death sentence in 'kidnapping of minor & murder case' | | Disciplinary proceedings against SHO also ordered | | Early Times Report
Jammu, Nov 18: Principal Sessions Judge Bhaderwah Sanjeev Gupta today awarded death sentence to Tirath Singh who was facing trial in kidnapping and murder of minor and also directed Director General of Police (DGP) Jammu & Kashmir to take appropriate action in accordance with the service rules against Sanjay Manhas the then SHO, Police Station Bhaderwah for dereliction of duty.
Principal Sessions Judge also directed that compensation of Rs 2.00Lakhs to be provided as financial assistance to the family of victim which shall be paid within one month by the Member Secretary, Jammu & Kashmir State Legal Services Authority.
Principal Sessions Judge Bahderwah after hearing Manju Sharma, Public Prosecutor for the State and I A Hamal and Sumeet Kotwal appearing for petitioner observed as the circumstances would graphically depict the convict would remain a menace to the society for a defence less child has become his prey.
Court further said it has no hesitation to hold that convict is a menace to the society and the offence committed by the convict falls in the category of "rarest of the rare case" which renders the sentence of imprisonment for life inadequate and calls for death sentence. Accordingly, following punishments are imposed on convict, under section 302 RPC, convict is sentenced to death and he shall be hanged by neck till he is dead and Under section 363 RPC, the convict is further sentenced to rigorous imprisonment for a period of 7 years and fine of Rs. 2,000/- in default, he shall undergo simple imprisonment for four months. Court further observed that the substantive sentence u/s 363 RPC shall run concurrently but will cease to have any effect, in case the sentence of death for conviction of convict under section 302 RPC will be confirmed by the High Court and the convict will be executed.
According to the police case a report was lodged by the father of deceased, (here in after called the deceased) is that on 03/07/2013 the deceased a student of 5th class went to the shop of tourism department in order to fetch 'kurkure' (snack packet) and on the way accused a resident of village 'Kasha' met her who offered a packet of 'kurkure' and a bottle of cold water to the deceased. The shopkeeper of tourism department told the deceased to go back home but accused did not allow her to return back and since then deceased went missing whose whereabouts could not be found despite a frantic search made by them. During the interrogation, accused broke down and confessed that he had committed rape with the deceased and thereafter killed her. |
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