Excelsior Correspondent
JAMMU, Oct 18: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Sanjeev Kumar and Justice M A Chowdhary today commuted the death sentence awarded by Principal Sessions Judge Kupwara to four persons namely Adiq Mir, Azhar Ahmad Mir, both residents of Langate in Kupwara, Mochi Jahangir Ansari of West Bengal and Suresh Kumar of Rajasthan, who had gang-raped the child and slit her throat before burying her.
After hearing both the sides, DB observed, “this court has not found anything on record to show previous conviction of any of the appellants in the police record. The witnesses have orally referred to registration of some cases for commission of minor offences but the prosecution has not placed on record any documentary evidence to substantiate the aspect”.
“Nothing has been brought to our notice by the prosecution from which it could be inferred that convicts are a menace to the society. Merely saying so at the time of arguments, is not good enough to believe that there are no chances of appellants’ reformation”, DB said.
With these observations, DB inclined to modify the sentence of death imposed by the trial court on the appellants for commission of offence punishable under Section 302 RPC and instead sentenced the appellants to imprisonment for life without remission for at least 25 years. “Rest of the sentences imposed by the trial court shall remain intact and those of imprisonment would run concurrently with imprisonment for life. Trial Court shall issue warrant for execution of sentences in terms of this judgment”, the DB added.
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