new Delhi: Supreme court The operation of the death sentence awarded to a man convicted of raping and killing an 11-year-old girl in Dehradun in 2018 has been put on hold.
The apex court, which was hearing an appeal filed by the convict against the January 2020 verdict Uttarakhand High Court which had confirmed the death sentence awarded to him by the trial court, directed that the appellant be psychologically assessed and his report placed before him.
A bench headed by Justice UU Lalit said, “The notice for filing appeal in the state of Uttarakhand, may be returned on May 4, 2022.”
“Till further consideration, the effect and operation of the death sentence awarded to the appellant shall remain in abeyance. An intimation in this regard may be sent immediately to the prison concerned,” the bench, also comprising Justices SR Bhat and PS Narasimha, observed in its 2. Said in the order of March.
The top court said that in order to render “full assistance” in the matter, the report of the jail administration regarding the nature of work done by the appellant while in jail be placed before it by April 25.
“We also feel that the interest of justice determines that we obtain a psychological evaluation of the appellant,” it said.
The bench asked the Director of All India Institute of Medical Sciences, Rishikesh to constitute a team for psychological evaluation of the appellant and send a report by April 25.
The top court, which posted the matter for further consideration on May 4, said that the jail authorities will fully cooperate in facilitating the appellant’s access and proper evaluation.
appellant, Jai Prakashwas convicted by a trial court in August 2019 for offenses including rape and murder under the Indian Penal Code and under relevant provisions of the Protection of Children from Sexual Offenses Act (POCSO).
According to the prosecution, the FIR was registered in July 2018 on the complaint of the victim’s father who said that his daughter was playing with other children when she went missing.
It said that when the complainant inquired about his daughter from other children, he was told that the accused took her to his hut.
The complainant had alleged that the victim’s body was found in the hut of the accused, who was a laborer and lived at a construction site.
During the hearing, the accused pleaded innocent and said that he had been falsely implicated in the case.
The High Court had said that the prosecution has been successful in proving that the accused had killed the “helpless” victim after raping her.
The apex court, which was hearing an appeal filed by the convict against the January 2020 verdict Uttarakhand High Court which had confirmed the death sentence awarded to him by the trial court, directed that the appellant be psychologically assessed and his report placed before him.
A bench headed by Justice UU Lalit said, “The notice for filing appeal in the state of Uttarakhand, may be returned on May 4, 2022.”
“Till further consideration, the effect and operation of the death sentence awarded to the appellant shall remain in abeyance. An intimation in this regard may be sent immediately to the prison concerned,” the bench, also comprising Justices SR Bhat and PS Narasimha, observed in its 2. Said in the order of March.
The top court said that in order to render “full assistance” in the matter, the report of the jail administration regarding the nature of work done by the appellant while in jail be placed before it by April 25.
“We also feel that the interest of justice determines that we obtain a psychological evaluation of the appellant,” it said.
The bench asked the Director of All India Institute of Medical Sciences, Rishikesh to constitute a team for psychological evaluation of the appellant and send a report by April 25.
The top court, which posted the matter for further consideration on May 4, said that the jail authorities will fully cooperate in facilitating the appellant’s access and proper evaluation.
appellant, Jai Prakashwas convicted by a trial court in August 2019 for offenses including rape and murder under the Indian Penal Code and under relevant provisions of the Protection of Children from Sexual Offenses Act (POCSO).
According to the prosecution, the FIR was registered in July 2018 on the complaint of the victim’s father who said that his daughter was playing with other children when she went missing.
It said that when the complainant inquired about his daughter from other children, he was told that the accused took her to his hut.
The complainant had alleged that the victim’s body was found in the hut of the accused, who was a laborer and lived at a construction site.
During the hearing, the accused pleaded innocent and said that he had been falsely implicated in the case.
The High Court had said that the prosecution has been successful in proving that the accused had killed the “helpless” victim after raping her.