Excelsior Correspondent
JAMMU, Nov 18: Principal Sessions Judge Bhaderwah Sanjeev Gupta today awarded death sentence to Tirath Singh, son of Swami Raj of Bhaderwah, who was facing trial in kidnapping and murder of a minor.
According to the prosecution case, the accused kidnapped the minor girl Kajal Devi on July 3, 2013 and killed her after committing rape. During the course of interrogation, the accused confessed that he had committed rape with the deceased and thereafter killed her.
After hearing Manju Sharma, Public Prosecutor along with Advocate Bhawan Sharma for the State whereas Advocates I A Hamal and Sumeet Kotwal for the accused person, Principal Sessions Judge Bhaderwah observed, “there are no extenuating or mitigating circumstances whatsoever in the case rather after drawing a balance sheet of the aggravating and mitigating circumstances for the purposes of determining whether the extreme sentence of death should be imposed upon the convict or not”, adding “I think the mitigating circumstances projected by the counsel for the convict are hardly favorable to him and scale of justice only moves against the convict as there is nothing but aggravating circumstances which is evident from the whole case”.
“It is the responsibility of the holders of the judicial power centre to eliminate ‘monsters’ disguised as humans in order to make the world suitable enough to live in, keeping in view the ruthless manner in which the offence has been committed. As the circumstances would graphically depict the convict would remain a menace to the society for a defence less child has become his prey”, the court said, adding “moreover he has not expressed any remorse or stated that crime was not pre-meditated therefore it is difficult to comprehend that he would not commit such acts or would be reformed or rehabilitated”.
With these observations, the court awarded death sentence to the accused. “The substantive sentence under Section 363 RPC shall run concurrently but will cease to have any effect, in case the sentence of death for conviction of convict under Section 302 RPC will be confirmed by the High Court and the convict will be executed”, Principal Sessions Judge added.
The Court also directed Director General of Police to take appropriate action in accordance with the service rules against Sanjay Manhas, the then SHO, Police Station Bhaderwah for the acts of omission and commission, deliberate dereliction of duty by not obtaining the FSL report and producing the same in the court during the trial of the case besides his failure to conduct DNA test for proper identification of the dead body of deceased Kajal Devi and for conducting the investigation of the case in a most irresponsible manner.
The Court also directed that compensation of Rs 2 lakh will be just and reasonable amount for providing financial assistance to the family of victim which shall be paid within one month by the Member Secretary, Jammu & Kashmir State Legal Services Authority.
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