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  #1  
Old September 5th, 2008, 03:38 PM
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Thumbs up Teacher gets death for rape, murder of student

The court must not only keep in view the rights of the criminal but also the rights of the victim of the crime and the society at large while considering the imposition of appropriate punishment
- Supreme Court of India


Teacher gets death for rape, murder of student

6 Sep 2008, 0100 hrs IST,
Dhananjay Mahapatra ,TNN


NEW DELHI: Disturbed by the recent spate in rape-***-murders of minors and determined to set a deterrent example, the Supreme Court on Friday awarded death penalty on a teacher, himself a father of three, for raping and murdering a 5th standard girl. Ironically, the verdict came on Teachers’ Day.

Absence of an eye-witness or direct evidence of the depraved act of the teacher did not deter a bench comprising Justices Arijit Pasayat and Mukundakam Sharma from sending him to the gallows, as it had no doubt about his guilt on a reading of the circumstantial evidence in the case supported by the ‘last seen with’ theory.

On Makar Sankranti, January 14, 2002, Shivaji aka Dadya Shankar Alhat, who was serving as a teacher in Pune, lured a maid’s daughter to a nearby hill on the pretext of collecting firewood for her. That was the last her sisters saw of the little girl. Her body was found lying on Manmodaya hill. Medical examination revealed rape, assault on her abdomen with a sharp-edged weapon and marks of strangulation with a rope on the neck.

The accused, who fled his residence, was arrested two days after the incident from a nearby sugarcane field. He was charge-sheeted. The trial court found the evidence cogent and imposed death penalty. The Bombay High Court confirmed the sentence.

Shocked by the depravity of the teacher, the bench rejected the convict’s plea for leniency in sentence and said “undue sympathy to impose inadequate sentence would do more harm to the justice system” that would undermine the public confidence in the efficacy of law.

“Proportion between crime and punishment is a goal respected in principle, and in spite of errant notions, it remains a strong influence in the determination of sentences,” said Justice Pasayat, writing the judgment for the bench.

Imposition of sentence without considering its effect on the social order in many cases may be in reality a futile exercise, the Bench said, adding heinous crimes, especially crime against women, require the courts to impose exemplary punishment.
“The court must not only keep in view the rights of the criminal but also the rights of the victim of the crime and the society at large while considering the imposition of appropriate punishment,” it said.

Rejecting the plea of the accused that there was no direct evidence to link him to the rape-***-murder, the Bench said in most of these cases, there was seldom an eye-witness as these were not committed in public view. But that did not vitiate the circumstantial and medical evidence clearly establishing the guilt of the accused, it added.

“The case at hand falls in the rarest of rare category. The circumstantial evidence established the depraved acts of the accused and they call for only one sentence, that is death sentence,” the bench said.

http://timesofindia.indiatimes.com/T...ow/3450175.cms
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  #2  
Old September 5th, 2008, 05:16 PM
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Thumbs up Re: Teacher gets death for rape, murder of student

ba$tard deserved it
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Old September 5th, 2008, 05:39 PM
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Re: Teacher gets death for rape, murder of student

Quote:
Originally Posted by rameshp
Absence of an eye-witness or direct evidence of the depraved act of the teacher did not deter a bench comprising Justices X, Y and Z from sending him to the gallows
This is disturbing.

As much as one sympathizes with the victim and her family, unless there is a clear evidence, or even circumstantial evidence directly linking that lil teacher to the crime scene, judges are overstepping their mandate. The fact that the teacher fled home and hid in some field for two days surely makes him a suspect, and it should, but not necessarily the perpetrator of crime.
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Last edited by Ravi; September 5th, 2008 at 05:49 PM.
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Old September 5th, 2008, 05:45 PM
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Re: Teacher gets death for rape, murder of student

Quote:
Originally Posted by Ravi View Post
This is disturbing.
As much as one sympathizes with the victim and her family, unless there is a clear evidence, or even circumstantial evidence directly linking that lil teacher to the crime scene, judges are overstepping their mandate. The fact that the teacher fled home and hid in some field for two days doesn't automatically make him perpetrator of crime.
I agree that for a death sentence, there has to be evidence beyond a reasonable doubt. Circumstantial evidence should only allow for life in prison or prison without parole kind of punishment. It gives the accused an opportunity to appeal.

In the haste to set an example, the court should not give a death sentence based on circumstantial evidence.

What was that saying, 'It does not matter if 99 guilty walk, but that 1 innocent should not be punished..' or something..
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Old September 5th, 2008, 10:07 PM
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Re: Teacher gets death for rape, murder of student

I think the most happiest person with this verdict would our fellow echarchan Anusha, for her it's one less Indian man to worry about
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Old September 5th, 2008, 10:56 PM
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Re: Teacher gets death for rape, murder of student

I doubt if the judgment would have been the same if the perpetrator was from an affluent family rather than being just a teacher in a primary school... I am not condoning this depravity but rather insisting that law should hold the same for rich and poor.. which doesn't happen to to be the case in India...

Not truly a case in point... but drunken driving yet is to be considered equivalent to a culpable homicide in India... a person who is driving just after having drunk - if he is conscious enough to drive, operate the steering, clutch, accelerator, brakes and gears, he should also be conscious enough to know that drunk driving is a crime and he is consciously putting other peoples' lives at risk... just like this teacher consciously raped a minor and brutally murdered... How I wish the sentencing of Sanjeev Nanda and Alistair Pereira and others of thier ilk, had been stringent enough by awarding at least a 10 year sentence... Why was lack of evidence there considered to be a constraint for a lighter sentence whereas in this teacher's case was not an issue at all?

Judiciary it seems is administered by a bunch of random decision making machines
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Old September 6th, 2008, 10:25 AM
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Re: Teacher gets death for rape, murder of student

Quote:
Originally Posted by Ravi View Post
This is disturbing.

As much as one sympathizes with the victim and her family, unless there is a clear evidence, or even circumstantial evidence directly linking that lil teacher to the crime scene, judges are overstepping their mandate. The fact that the teacher fled home and hid in some field for two days surely makes him a suspect, and it should, but not necessarily the perpetrator of crime.
This news item clearly mentions medical evidence... doesn't mention what kind of medical evidence, but I am hoping DNA evidence of his semen on the victim... in which case it is no longer circumstantial evidence but 100% proof. This sucker should be hanged to death.

And I agree with 2Goodu pai, drunk driving should be an equal crime... and Salmon Khan should be hanged too... and not just for his crime... but 'cos his acting sucks too.
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Old September 8th, 2008, 07:51 AM
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Re: Teacher gets death for rape, murder of student

Quote:
Originally Posted by Sane Less View Post
And I agree with 2Goodu pai, drunk driving should be an equal crime... and Salmon Khan should be hanged too... and not just for his crime... but 'cos his acting sucks too.
culpable homicide not amounting to murder category mein aata hain yeh...murder is an intentional act !!

anyways...in case of circumstantial evidence...court has no right to award death sentence to anyone in case of circumstantial evidence...bloddy even murders takes place in situations when no one is around and the max sentence for it is life unless it is in 'rarest of rare category' ...if the law agencies were not able to establish a solid evidence then they should have gone for a DNA analysis...its a standard protocol that that after autopsy..certain body parts are preserved for future investigation..so cops had lots of time to do a DNA analysis!!

wrong and harsh judgment....a case of emotions over law
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