SC upholds death sentence awarded to two youths for rape and murder

By Staff
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Google Oneindia News

New Delhi, Feb. 16 (UNI) The Supreme Court has upheld the death sentence awarded to two sexually obsessed youths of Karnataka for raping and murdering an 18-year-old girl of their own village.

A bench comprising Justices Arijit Pasayat and Lokeshwar Singh Panta in their judgment dated Feb. 13 dismissed the appeals of Shivu and his associate (name not given in the judgment) and upheld the judgment of Karnataka high court and the trial court awarding capital punishmernt to the two holding that the case at hand fell in the rarest of rare category and death sentence awarded by the trial court and confirmed by the High Court was appropriate.

The two appellants had earlier tried unsuccessfully to rape two other girls of the village but no police case was filed against the two and they were let off by the village elders after telling them to mend their ways.

Emboldened by the leniency shown to them they raped Shivamma and later strangulated her to death on October 15,2001. She had gone to throw the manure in her family land.

Her dead body was discovered by her family members and her clothes were in total disarray.

The apex court while dismissing the appeals of the two noted,"Award of punishment following conviction at trial in a system wedded to rule of law is the outcome of cool deliberations in the court room after adequate hearing is afforded to the parties. The criminal law adheres in general to the principle of proportionality in prescribing liability according to the culpability of each kind of criminal conduct. Anything less than a penalty of greatest severity for any serious crime is thought to be measure of toleration that is unwarranted and unwise. But uniformly disproportionate punishment has some very undesirable practical consequences." UNI AKS/SC RP RN1103

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