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| Court awards death sentence to accused for killing minor boy | | | Early Times Report
JAMMU, Apr 3: Principal sessions judge Jang Bahadur Singh Jamwal today awarded death sentence to Mohammad Yousuf Shah, son of Abdul Ghani Shah of Nowabad, Bathindi, for committing the murder of a minor boy. Yousaf had committed unnatural offence with Owaise Rashid at his residence on March 12, 2003. However, when the body had raised an alarm, Yousaf had strangulated him with a towel, resulting in his instant death. Thereafter, he packed his body in a bag and kept it in a store over the bathroom. After that he went to Bari Brahmana where he met Mohammad Saleem Khan and Sohan Lal and hatched a conspiracy with them to destroy the body.Yousaf then returned his home at Nowabad. On the same day, Saleem and Sohan came to his residence in a minibus (1973/JK02P) at about 8.45 pm. All the three later dumped the body in the minibus.
However, while they were going towards the railway crossing, police intercepted the minibus and seized the body during its checking. The accused were also caught and after completion of investigation, challan was presented in the court. After hearing the two sides, the judge observed that the victim who was put to such a tortuous act even did not know how to resist and was incapable of defending himself. The children at such a tender age are prone to tutorship and are swayed by such kind of criminals on one pretext or the other. The accused performed an act which otherwise was not permissible under law.
While going through the evidence tendered by the prosecution witnesses at the trial and seeing all circumstances appearing therein, the conscious of the court is shattered. The society at large would not agree with the lesser punishment provided in this case. For such a heinous crime, the lesser punishment will also be an injustice to the departed soul.
The violence against children and a sexual abuse in particular is the greatest sin on the earth. "The beastly conduct of the accused for committing sodomy on such a small child and committing his murder, suffocating him by strangulation has given me a thought that such kind of criminals cannot be reformed by rehabilitation or by other means of the state. No assurance came forward from the accused in defence or interceding the arguments that he will not repeat such an offence again and has become continuous threat to the society and children in particular. A person who has taken the life of such a small child for fulfilling his overt sexual lust has no right to live on this earth. The other accused Sohan Lal, who has been guilty of assisting and disposing of the dead body, is not guilty of the capital punishment. The case of accused Sohan Lal cannot be equated and kept on the same pedestal. Accordingly, the court is satisfied that the accused Sohan Lal is guilty of lesser punishment and court is also satisfied that this case falls in the category of "rarest of rare case" and is uncommon from the other offences," the judge observed. With these observations, the court ordered that Yousuf shall be hanged by neck till death and also fined a sum of Rs 10,000 under section 302 of RPC. Under section 377 of RPC, he shall suffer rigorous imprisonment for life and a fine of of Rs 10,000. Under section 201 of RPC, he shall also suffer rigorous imprisonment for seven years and pay a fine of Rs 10,000/-. Under section 511 of RPC, he shall also suffer rigorous imprisonment for seven years and pay a fine of Rs 10,000. All the sentences shall, however, run concurrently. Yousuf was informed of his right to appeal within 14 days. Sohan Lal, son of Ram Chand of Phinder shall undergo rigorous imprisonment of seven years and pay a fine of Rs 10,000. Under section 511 of RPC, he shall also suffer rigorous imprisonment for seven years and pay a fine of Rs 10,000. Both the sentences shall, however, run concurrently. Meanwhile, arrest wrrants were issued against Saleem of Phinder under section 512 of CrPC. |
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