SC reduces death sentence into life term in rape-cum-murder

New Delhi, Nov 13 (UNI) The Supreme Court has reduced the capital punishment to life imprisonment of a man facing death sentence for raping a small child studying in IInd standard who died of excessive bleeding from her private parts.

The incident took place on November 3,2003 when the hapless small child was devoured by the lust of the appellant Amrit Singh in village Shahpuria in the estate of Ramgarh.

The child Raj Preet Kaur alias Guddi died of excessive bleeding from her private parts and her dead body was recovered from a field at night.

A bench comprising Justices S B Sinha and Dalveer Bhandari in judgment dated November 10 observed, "In a case of this nature where the brutality with which the offence was committed leading to the death of the prosecutrix, in our opinion maximum sentence should be imposed. Appellant thus deserves imprionment for life. The appeal is allowed to the above extent." While reducing the sentence the apex court ruled, "Imposition of death penalty in a case of this nature, in our opinion, was thus improper. Even otherwise it can not be said to a rarest of rare cases. The manner in which the deceased was raped may be brutal but it could have been a momentary lapse on the part of appellant, seeing a lonely girl at a secluded place. He had no premeditation for commission of the offence. The offence may look heinous but under no circumstances it can be said to a rarest of rare cases." The trial court awarded capital punishment which was confirmed by the Punjab and Haryana high court vide judgment dated Aug. 3,2005.

UNI AKS/SC RP ND1818