Rape And Murder Case: Delhi HC Modifies Sentence Of Man From Life Term To 20 Years Of Imprisonment Without Remission
The Delhi High Court in a rape and murder case has modified the sentence of a man from life imprisonment to the sentence of 20 years of imprisonment without remission.
A Division Bench comprising Justice Mukta Gupta and Justice Poonam A. Bamba held, “Considering the mitigating and extenuating circumstances, this Court finds that a sentence of imprisonment for a period of 20 years without remission would serve the purpose. Consequently, the sentence awarded to the appellant by the learned Trial Court is modified to rigorous imprisonment for a period of 20 years without remission. The appellant shall deposit a fine of ₹50,000/- each for offences punishable under Sections 376A IPC and 302 IPC and ₹10,000/- for offence punishable under Section 404 IPC and in default whereof to undergo simple imprisonment for six months each for offences punishable under Section 376A IPC and 302 IPC and one month for offence punishable under Section 404 IPC.”
The Bench further directed that the aforesaid amount if deposited shall be released as compensation in favour of the legal heirs of the deceased.
Advocate B. Badrinath appeared for the appellant while APP Prithu Garg appeared for the State.
In this case, the appellant was alleged to have taken the victim to a solitary place and not only sexually assaulted her but also inserted broken sticks in her vaginal and anal cavities. Thereafter, the appellant committed her murder by strangulation, and on conviction, he had undergone nearly 8 years of imprisonment and was presently 38 years of age.
The counsel for the appellant contended before the Court that the appellant was the sole bread earner of the family and had two sons aged 10 years and 11 years. It was further submitted that since his parents have died, his minor children were residing with their maternal grandparents and that his wife was mentally challenged.
The High Court in view of the facts and circumstances of the case observed, “The mitigating circumstances as addressed by learned counsel for the appellant are the age of the appellant being 38 years at the moment, having undergone 8 years of imprisonment and that he has two minor children and a wife to look after and there is no other person in the family to look after three of them. At the same time, the diabolic and depraved manner in which the appellant took the victim to a solitary place and not only sexually assaulted her but inserted broken sticks in her vaginal and anal cavities and thereafter committed the murder by strangulation, deserves imprisonment for a fixed term beyond remission as provided in V. Sriharan (supra).”
Accordingly, the Court modified the sentence of the appellant.
Cause Title- Ram Tej v. State (Neutral Citation: 2023:DHC:3657-DB)
