Rape of minor: Teacher gets death penalty

Disturbed by the recent spate in rape-cum-murders of minors and determined to set a deterrent example, the Supreme Court on Friday awarded death penalty on a teacher, himself a father of three, for raping and murdering a 5th standard girl. Ironically, the verdict came on Teachers’ day. Absence of an eye-witness or direct evidence of the depraved act of the teacher did not deter a Bench comprising Justices Arijit Pasayat and Mukundakam Sharma from sending him to the gallows, as it had no doubt about his guilt on a reading of the circumstantial evidence in the case supported by the ‘last seen with’ theory. On Makar Sankranti, January 14, 2002, Shivaji aka Dadya Shankar Alhat, who was serving as a teacher in Pune, lured a maid’s daughter to a nearby hill on the pretext of collecting firewood for her. That was the last her sisters saw of the little girl. Her body was found lying on Manmodaya hill. Medical examination reevealed rape, assault on her abdomen with a sharp-edged weapon and marks of strangulation with a rope on the neck. The accused, who fled his residence, was arrested two days after the incident from a nearby sugarcane field. He was chargesheeted. The trial court found the evidence cogent and imposed death penalty. The Bombay HC confirmed it. Shocked by the depravity of the teacher, the Bench rejected the convict’s plea for leniency in sentence and said “undue sympathy to impose inadequate sentence would do more harm to the justice system” that would undermine public confidence in the efficacy of law. “Proportion between crime and punishment is a goal respected in principle, and in spite of errant notions, it remains a strong influence in the determination of sentences,” said Justice Pasayat, writing the judgment for the Bench. Imposition of sentence without considering its effect on the social order in many cases may be in reality a futile exercise, the Bench said, adding heinous crimes, especially crime against women, require the courts to impose exemplary punishment. “The court must not only keep in view the rights of the criminal but also the rights of the victim of the crime and the society at large while considering the imposition of appropriate punishment,” it said.

"Loved reading this piece by G. ARAVINTHAN?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"

Join our Telegram group

Join our Whatsapp group