Spl court POCSO award capital punishment to rape & murder accused
Special Court POSCO Solan district today awarded capital punishment to a rape and murder Accused after finding him guilty in the crime rarest of rare nature.
Dr. Parvinder Singh Arora, Additional District & Session Judge Special Court POCSO awarded death sentence to the accused Akash (23) son of Patte Lal resident of Hansoliya village of Hardoi district of UP.
Considering the case as rare of rarest in nature fast track court prounced that accused to be hanged by neck till he is dead .
The Court has held that the present case clearly comes within the category of “rarest of rare case” where the question of any other punishment is “unquestionably foreclosed”.
The nature of crime and the manner in which it was committed makes it uncommon, where a sentence of imprisonment for life will be inadequate.
The accused was booked on Feb 21, 2017 under section 302, 376 IPC & Section 6 & 10 of POCSO at police station Baddi.
Mr Mohinder Kumar Sharma , District Attorney , Solan disclosed that crime took place on Feb 20, 2017 within the jurisdiction of Tehsil Baddi , the accused committed aggravated penetrative sexual assault by inserting the wooden pieces in the private part of 7yrs victim and also committed the murder of the child.
As per the post – mortem report of the dead body the medical officer Dr. Piyush Kapila opined that child victim died as a result of manual strangulation in case of gross perineal tear and foreign body insertion into genitals reaching up to abdominal wall – homicidal in nature.
The Investigation of this case has been carried out by S.I. Bahadur Singh of P.S. Baddi at present posted as Inspector in C.I.D. Shimla.
The Court has held guilty accused Akash U / S 302 of IPC and sentenced him to death and to pay fine of Rs . 25,000 and in default of payment of fine to undergo simple imprisonment for 6 months .
The court further sentenced the accused U / S 6 of the POCSO Act read with Section 376 to undergo rigorous imprisonment for life and also fine of Rs . 25,000 and in default of payment of fine simple imprisonment of 6 months .
The Court has also recommended the payment of compensation to the parents of child victim Rs . 12,50,000 .
The compensation to be paid to the parents of child victim from the State Victims Compensation Fund .
The Court has also ordered that the entire proceedings along with reference to be submitted to the Himachal Pradesh High Court for confirmation sentence of death
During court proceeding of punishment, Special Public Prosecutor Mr. Sunil Dutt Vasudeva also appeared on behalf of the State.
