Death sentence for rape and murder of five-yr-old

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New Delhi, Jul 25 (UNI) The Supreme Court has held that a rogue who raped and brutally murdered a five-year-old girl cannot co-exist with society and the only sentence which he deserves is death.

Appellant Bantu was caught red handed after he had lured the small child from 'devi-jagran' by offering her a balloon.

The hapless victim died due to the brutal sexual and physical assault she was subjected to in the area of Tajganj police station in Agra on October 4, 2003.

A bench comprising Justices Arijit Pasayat and M K Sharma, while upholding the death sentence noted,''again every rogue who criminally attack social right becomes, by his wrong a rebel and a traitor to his fatherland by contravening its laws, he ceases to be one of its citizens; he even wages war against it.'' In such circumstances, the state and he, cannot both be saved: one or the other must perish,'' the bench added.

''In killing the criminal, we destroy not so much a citizen as an enemy. The trial and judgement are proof that he broke the social contract and so is no longer the member of the state.'' Justice Pasayat writing judgement for the bench in his 34-page verdict ruled,''the case at hand falls in the rarest of rare category. The depraved acts of the accused call for only one sentence that is death sentence.

Looked at from any angle the judgement of the High Court confirming the conviction and sentence imposed by the trial court do not want any interference. The appeal fails and is dismissed.'' The court also noted that protection of society and stamping out criminal proclivity must be object of law which must be achieved by imposing appropriate sentence as security of persons and property of the people is an essential function of the state.

UNI SC AE RP BD1705

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