Fayaz Bukhari
SRINAGAR, Apr 24: In a landmark judgment, the Principal and Sessions Court in Kupwara district of North Kashmir today awarded death sentence to four accused, convicted of rape and murder of 13-year-old student 8 years ago.
The Principal and Sessions Judge Kupwara, Mohammad Ibrahim Wani, today announced the judgment in the case and sentenced death to four convicts, Sadiq Mir son of Abdul Rehman, Azhar Mir son of Ghulam Mohammad Mir, both residents of Langate and two non-locals Jehangir Ansari of West Bengal and Suresh Kumar of Rajasthan.
The court directed: “In the circumstance of the case, I am of the opinion that in the instant case, the death sentence is warranted for the offence of murder, and there is no alternative to award death sentence for offence of murder for the offence under Section 302/34 RPC.”
“In the result the convicts are sentenced to death for offences under Section 302/34 RPC. Each of the convicts are sentenced to rigorous imprisonment of 7 years for offence punishable under Section 363/34 RPC. The convicts are also sentenced to rigorous imprisonment for 10 years for the offence punishable under 376 (G)/34 RPC. They are also sentenced to simple imprisonment of one month for offence punishable under Section 341/34 of RPC. The sentences shall run concurrently”, reads the judgment.
The court directed that the convicts be hanged by neck till they are dead. “…The death sentence is subject to the confirmation of the High Court…It is directed that the convicts be hanged by neck till they are dead…The convicts be lodged in Central Jail Srinagar, to serve the sentence imposed on them”, reads the judgement.
Taninda Gani, an 8th standard student of Uqab English Medium School, Langate, was found murdered in an orchard in Langate area on July 20, 2007. Later, medical reports confirmed rape before murder which was carried out by slitting her throat.
A case (FIR no. 152/2007 U/S 302, 376 and 34 RPC) was registered and after investigation, police filed chargesheet against the four accused. The girl was returning home when she was intercepted by the four men who kidnapped, gang raped and later murdered her.
The judgment reads: “…the convicts deserve no mercy as they have not shown any mercy on the helpless minor girl….the convicts are menace to the society and crime committed by them is most heinous and serious in nature…”
The judgment says that the convicts had planned to abduct any of the girls in the desolated place and at the time when people are busy with Friday prayers. “These factors show criminal bent of mind of the convicts”, reads the judgment.
The judgment reads that the convicts have acted as beasts and have murdered the victims so that no proof is left behind. “The victim was caught in helpless position and she could not defend or protect herself from the convicts”, reads the judgment.
“Although the case is based on circumstantial evidence but the evidence produced especially forensic evidence and expert evidence has made this court to come to the conclusion that it is the accused (convicted) who have committed the offence”, reads the judgment.
“I am of the opinion that the convicts are menace to the society. When they have shown no sympathy to the helpless minor girl who was yet reading in middle class and to conceal their evil deeds they have resorted to drastic and extremely brutal acts which has resulted in depriving life of the minor who was helpless and innocent. These type of acts by convicts are bound to arose social wrath”, reads the judgment.
Soon after the verdict the family and locals hailed death sentence for four convicts.
They shouted pro-judiciary slogans. The slogans were also reported from the Batpora, the native village of Tabinda Ganie.
Earlier, the family and relatives of the victim had said that we will only be satisfied when they will be sentenced to death. They have committed a horrible crime and behaved like beasts. They should be hanged,” Tabinda’s father had said.
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