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Madras HC Upholds Death Penalty to Techie Youth For Rape & Murder of Seven Year Old
Death penalty awarded to Daswanth, a 23-year-old techie, for rape and murder of a seven-year-old girl in his neighbourhood, has been upheld by the Madras High Court. Following which, the accused committed another crime while he was out on bail in the case, of murder of his own mother murdering his own mother and running away with valuables from house, when he was out on bail in the case.
The Sessions Court held him guilty for commission of offences under Sections 363, 366, 354-B, 302 and 201 IPC and Sections 8 r/w 7 and 6 r/w 5 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’) and awarded him death penalty.
The Bench of Justice Dr. S. Vimala and Justice S. Ramathilagam dismissed the appeal by the convict challenging the Session Court’s judgement.
The question that has arisen is whether the accused can be held guilty of murder if cause of death is not conclusively established?
Also, justifying the death penalty to the accused, the court has observed by referring to Article 45 of the Constitution of India, “Constitution has envisaged a happy and healthy childhood for children, which is free from abuse and exploitation. But we live in a society where the safety and security of children remains an unfulfilled promise.”
Justice Dr.S.Vimala, author of the judgement has observed quoting Immanuel Kant, “If the punishment of an innocent person is a mistake of justice administration, failure to punish a criminal indicates that the absence of justice, which is a worse mistake.”
