Principal Sessions Judge Jammu Jang Bhadur Singh Jamwal, today awarded death sentence to Mohd Yousuf Shah S/o Abdul Gani Shah R/o Palhel Assistant Colony, Nowabad, Bathindi, for committing murder of small boy, Owaise Rashid.
According to the prosecution case that investigation revealed that accused Mohd Yousaf on 12.3.2003 called Owaise Rashid, deceased, into his house at Bathindi and committed sodomy with him and when Owaise Rashid called for help, the accused strangulated the neck of Owaise Rashid with a towel with the result he died on spot. After that accused wiped his semen with a piece of cloth of cream colour and same was kept in his kitchen. Then he put the dead body of the victim in the Gunny bag and kept the body in a store over the bathroom. After that he went to Bari Brahmana to his relative Mohd Saleem Khan and Sohan Lal and hatched a conspiracy with them to destroy and hid the dead body of the deceased and accused Mohd Yousaf went to his house at Bathindi. On the same day at about 8.45 PM accused Mohd Saleem Khan and Sohan Lal came at the residence of Mohd Yousaf with matador No.1973-JK02P and the dead body was loaded in that matador and while they were going towards Railway crossing, police suspected some foul play and intercepted the matador and seized the dead body and accused were caught and after completion of investigation challan was presented in the Court u/ss 302/377/201/511 RPC.
In the 77 pages judgment Principal Sessions Judge Jammu Jang Bhadur Singh Jamwal after hearing both the sides and going through the case of prosecution observed that Court have taken notice of the fact that shockingly large number of criminals go unpunished thereby increasingly encouraging the criminals and in the ultimate making justice suffer by weakening the systems credibility. Although the increasing number of cases which affect the society may hold some value for the sentencing court, but it cannot give a complete go-by to the legal principle laid down by the Supreme Court in Bachan Singh case that each case has to be considered on its own facts.
Principal Sessions Judge Jammu, Jang Bhadur Singh Jamwal further observed that the reasons why the community as a whole does not endorse the humanistic approach reflected in `death sentence-in-no- case doctrine are not far to seek. In the first place, the very humanistic edifice is constructed on the foundation of `reverence for life principle. When a member of the community violates this very principle by killing another member, the society may not feel itself bound by the shackles of his doctrine. Secondly, it has to be realized that every member of the community is able to live with safety without his or her own life being endangered because of the protective arm of the community and on account of the rule of law endorsed by it. The very existence of the rule of law and the fear of being brought to book operates as a deterrent of those who have no scruples in killing others it if suits their ends. Every member of the community owes a debt to the community for this protection. When ingratitude is shown instead of gratitude by `killing a member of the community which protects the murderer himself from being killed, or when the community feels that for the sake of self- preservation the killer has to be killed, the community may well withdraw the protection by sanctioning the death penalty. But the community will not do so in every case. It may do so in rarest of rare cases when its collective conscience is so shocked that it will expect the holders of the judicial power centre to inflict death penalty irrespective of their personal opinion as regards desirability or otherwise of retaining death penalty. The community may entertain such a sentiment when the crime is viewed from the platform of the motive for, or the manner of commission of the crime, or the anti-social or abhorrent nature of the crime, such as for instance.
Principal Sessions Judge Jammu, Jang Bhadur Singh Jamwal further observed that the deceased who was put to such a tortuous act even did not know how to resist and was incapable of defending himself. The children at such a tender age are prone to tutorship and are swayed by such kind of criminals on one pretext or the other. The accused Mohd Yousuf Shah performed an act which otherwise was not permissible under law. While going through the evidence tendered by the prosecution witnesses at the trial and seeing all circumstances appearing therein, the conscious of the court is shattered. The society at large would not agree with the lesser punishment provided therein. Though the imposing of sentence is not the job of the society or anybody else is also not a matter of entertainment for the public. Same time for such a heinous crime, the lesser punishment will also be an injustice to the departed soul. The children are common for all. As a general saying is popular that all children born are common because it is expected from the society to provide the maximum care and protection to the children. The violence against the children and a sexual abuse in particular is a greatest sin on the earth. I am conscious of the fact that more than 97 countries in the World have terminated the capital punishment out of their Statutes but the fact still remains that many countries have kept the same constitutionally valid. So long the death penalty exists on the Statute the courts are empowered to inflict the same. The only matter which has to be distinguished is that the offence committed should be such which has sent a rein of terror to the society and children in particular. The beastly conduct of the accused Mohd Yousuf Shah committing sodomy on such a small children and committing his murder, suffocating him by strangulation has given me a thought that such kind of criminals cannot be reformed by rehabilitation or by other means of the state. There is no other any assurance come forward from the accused Mohd Yousuf Shah in defence or interceding the arguments that he will not repeat such an offence again and has become continuous threat to the society and children in particular. A person who has taken the life of such a small child for fulfilling his overt sexual lust has no right to live on this earth. The other accused Sohan Lal has been guilty of assisting and disposing of the dead body of the deceased, is not guilty of the capital punishment. The case of accused Sohan Lal cannot be equated and kept on the same pedestal. Accordingly, Court was satisfied that the accused Sohan Lal is guilty of lesser punishment and court is also satisfied that this case falls in the category of "rarest of rare case" and is uncommon from the other offences of like nature as the accused accused/convict Mohd Yousuf Shah has lured a small child for fulfilling his sexual lust and thereafter killed him, makes this case uncommon and deserves extreme penalty.
With these observations Court ordered that The accused/convict Mohd Yousuf Shah S/o Abdul Gani Shah R/o Palhel Assistant Colony, Nowabad, Bathindi shall be hanged by neck till death and also fined the sum of Rs. 10,000/- u/s 302 RPC. U/S 377 RPC, he shall suffer rigorous imprisonment for life and also fined the sum of Rs. 10,000/-. U/S 201 RPC, he shall also suffer rigorous imprisonment for seven years and also fined the sum of Rs. 10,000/-. U/S 511 RPC, he shall also suffer rigorous imprisonment for seven years and also fined the sum of Rs. 10,000/-. All the sentences shall, however, run concurrently. The accused/convict Sohan Lal @ Sonu S/o Ram Chand R/o Phinder u/s 201 RPC shall suffer rigorous imprisonment for seven years and also fined the sum of Rs. 10,000/-. U/S 511 RPC, he shall also suffer rigorous imprisonment for seven years and also fined the sum of Rs. 10,000/-. Both the sentences shall, however, run concurrently. The accused/convict Mohd Yousuf Shah is hereby informed of right to appeal within fourteen days, if he chooses so. The record of the case be submitted to the High Court of J&K at Jammu for confirmation of the sentences imposed. The office is directed to transmit the record of the file forthwith to learned Registrar Judicial with the prayer to enlist the case before the High Court for confirmation of the sentences.
Principal Sessions Judge issued General Arrest Warrants u/s 512 CrPC against Mohd Saleem Khan S/o Shamas Din Khan R/o Phinder.
No comments:
Post a Comment