Excelsior Correspondent
Srinagar, Dec 30: In a rare verdict, a local Court today awarded death by hanging of a man for rape and murder of 6 year old girl in Srinagar.
Additional Sessions Judge (2nd) , Srinagar Tahir Khurshid Raina, today after convicting Farooq Ahmed Pinzoo son of Mohammad Shaban Pinzoo of Mahjoor Nagar for the commission of offences under sections 364,376,302,201 RPC, awarded death sentence to accused.
“Accordingly convict is awarded capital punishment. He shall be hanged till death”, Court directed. “This Court in furtherance of the onerous duty to award just and appropriate punishment resorted to the mandate of Constitutional Bench, various enquiries from the convict and his counsel so as to enlist both aggravating and mitigating factors to be considered for awarding just and as approportionate sentence”, read the order.
Court said: “A little doll of just six years of age, who was yet to bloom and add to the beauty of the world was crushed to death in the most horrendous and barbaric manner in the year 2005 by the accused/convict.”
“After doing this highly detestable act of extreme depravity, he wrapped her dead body in a sack and threw it in a trench to conceal it from the eyes of the people around and this incident sent a shockwave in the entire area and every one came out to search her and yearn and prayed for her safe recovery”, Court said.
Reiterating the episode, Court said, public discontentment was so huge that Police had to install a special camp there and after a month’s time they succeeded in nabbing the culprit who was none else but the resident of same locality whom the deceased of tender age would have taken him with respect and custodian of her life.
In the case of murder, Court observed, the convict is to be awarded either death penalty or life imprisonment. However, underscoring the Apex Court’s ruling in which it has been held that life imprisonment is a rule and death penalty is an exception to be passed only in rarest of the rare case. And “rarest of the rare case” are mentioned as which are extremely brutal, grotesque, diabolical, revolting or committed in a dastardly manner so as to arouse intense and extreme indignation of the community.
Prosecution Counsel has strenuously prayed to the Court for award of death penalty to the accused for commission of horrendous crime with a child of tender age and thereafter threw her dead body in the trench which on its recovery sent a shock wave to the entire society, resulted into lot of public outcry.
He argued that keeping in view the entire complexion of the case, it falls in the category of “rarest of the rare” which entails death penalty.
“Our country too has retained it as the part of penology. The superior Courts in fact in their judgments and in guiding principles laid down over the years, kept the option of death penalty intact, subject to the gravity of offence, coupled with many other factors to be considered for award of death penalty”, Court said.
On right to life, Court said, is in fact the sacramental and celebrated right of the Constitution which can be taken only by due course of law. Here he (accused) has taken the right to life of a small doll, who was yet to bloom and enjoy the life and beauty of this world, that too in the barbaric manner for satisfying his lust.
“He cannot now claim to be ensured same to him, once he is proved to be the murderer of a small girl who would have looked upon him with expectations, hope and safety in his presence”, Court said.
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