SHIMLA: The fast track special court (POCSO), Solanon Thursday awarded a death sentence to the 23-year-old accused from Uttar Pradesh for the rape and murder of a 7-years-old girl.
The court awarded death sentence to the accused Akash (23) of Hansoliya village under Sandholi post office of Billgram tehsil of Hardoi district in Uttar Pradesh in case FIR No 03/17 dated February 21, 2017, registered under sections 302 (murder) and 376 (rape) of IPC and Section 8 & 10 of POCSO Act, registered at Baddi police station of Solan district, by considering the case as rare of rarest in nature.
While pronouncing the sentence, Dr Panvender Singh Arora, additional district & session judge fast track court special court POCSO described the case as rarest of rare in nature and ordered that accused should be hanged by the neck till he is dead.
The Court has held that the present case clearly comes within the category of ‘rarest of rare case’ where the question of any other punishment is ‘unquestionably foreclosed.
The court said that the nature of the crime and the manner in which was committed makes it uncommon, where the sentence of imprisonment for life will be inadequate.
The court has also recommended the payment of Rs 12.50 lakh compensation to the parents of the victim, from the State Victims Compensation Fund.
District Attorney, Solan, Mohinder Kumar Sharma said that as per the prosecution case on February 20, 2017, within the jurisdiction of Baddi tehsil of Solan district, the accused had committed aggravated penetrative sexual assault by inserting the wooden pieces in the private part of the child victim (aged 7 years) and murdered her.
He said that as per the post-modem report of the dead body, the medical officer Dr Piyush Kapila opined that the child victim died as a result of manual strangulation in case of gross perineal tear and foreign body insertion into genitals reaching up to abdominal wall -homicidal in nature.
The Investigation of this case has been carried out by Sub Inspector Bahadur Singh of Baddi police station at present posted as an inspector in CID Shimla.
Mohinder Kumar Sharma said that Court has held convicted accused Akash under section 302 of IPC and undergoes him to death and to pay a fine of Rs 25,000 and in default of payment of fine to simple imprisonment for 6 months. The court further sentenced the accused U/S 6 of the POCSO Act read with Section 376 to undergo rigorous imprisonment for life and also fine of Rs 25,000 and in default of payment of fine simple imprisonment of 6 months.
Court has also ordered that the entire proceedings along with reference to be submitted to the Court for confirmation sentence of death.
The court awarded death sentence to the accused Akash (23) of Hansoliya village under Sandholi post office of Billgram tehsil of Hardoi district in Uttar Pradesh in case FIR No 03/17 dated February 21, 2017, registered under sections 302 (murder) and 376 (rape) of IPC and Section 8 & 10 of POCSO Act, registered at Baddi police station of Solan district, by considering the case as rare of rarest in nature.
While pronouncing the sentence, Dr Panvender Singh Arora, additional district & session judge fast track court special court POCSO described the case as rarest of rare in nature and ordered that accused should be hanged by the neck till he is dead.
The Court has held that the present case clearly comes within the category of ‘rarest of rare case’ where the question of any other punishment is ‘unquestionably foreclosed.
The court said that the nature of the crime and the manner in which was committed makes it uncommon, where the sentence of imprisonment for life will be inadequate.
The court has also recommended the payment of Rs 12.50 lakh compensation to the parents of the victim, from the State Victims Compensation Fund.
District Attorney, Solan, Mohinder Kumar Sharma said that as per the prosecution case on February 20, 2017, within the jurisdiction of Baddi tehsil of Solan district, the accused had committed aggravated penetrative sexual assault by inserting the wooden pieces in the private part of the child victim (aged 7 years) and murdered her.
He said that as per the post-modem report of the dead body, the medical officer Dr Piyush Kapila opined that the child victim died as a result of manual strangulation in case of gross perineal tear and foreign body insertion into genitals reaching up to abdominal wall -homicidal in nature.
The Investigation of this case has been carried out by Sub Inspector Bahadur Singh of Baddi police station at present posted as an inspector in CID Shimla.
Mohinder Kumar Sharma said that Court has held convicted accused Akash under section 302 of IPC and undergoes him to death and to pay a fine of Rs 25,000 and in default of payment of fine to simple imprisonment for 6 months. The court further sentenced the accused U/S 6 of the POCSO Act read with Section 376 to undergo rigorous imprisonment for life and also fine of Rs 25,000 and in default of payment of fine simple imprisonment of 6 months.
Court has also ordered that the entire proceedings along with reference to be submitted to the Court for confirmation sentence of death.
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