HC defers hearing in double murder case till July 3

Mumbai, June 13 (UNI) An appeal came up before the Bombay High Court today challenging the death sentence awarded to two youths by the Sessions Court for murdering a 50-year-old woman and a baby boy at Borivali by the in 2003.

While the state sought confirmation of the death sentences of the accused -- Ashish Boravale and Clint Fernandes, the defence argued that considering the accused are young, they do not deserve a death sentence.

A division bench comprising Justices D G Deshpande and S A Bobde deferred the hearing till July 3.

Earlier, Additional Sessions Judge R B Malik had sentenced the two for killing the woman, Lettecia Mendes, and her one-and-half-year-old grandson, Dylan, in an attempted robbery on November 19, 2003.

The third accused in the case, Wilfred Dais, was sentenced to five years rigorous imprisonment, as he was part of the conspiracy to commit the robbery but was not present during the murder.

Defence lawyer Parvez Memon told UNI today that the boys were young and did not deserve a death sentence. Also, just on the basis of one witness, such severe sentence should not be granted.

However, Justice Malik had considered this case in the category of ''rarest of rare'' as a one-and-half-year-old boy and his grandmother were brutally killed by the accused.

According to the prosecution, they had hung the boy's body from the ceiling fan and robbed the house. Two other minors -- Karan Khanna and Pradeep Dhivar -- were also accused in the case, whose trial will be conducted at the Juvenile court at Dongri.

Glenda Lobo, the mother of the deceased boy, who was also attacked by the accused, but she survived the attack and had deposed in the trial court as prime witness.

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