High Court overturned the decision of District Court, sentenced 25 years of imprisonment instead of death sentence..!

Palpal correspondent, Jabalpur/Sagar. The district court awarded death sentence to Ramprasad Ahirwar and his brother Bansilal Ahirwar, accused in the case of gangrape and murder of an 11-year-old girl by slitting her throat in the year 2019 in Sagar, Banda district of MP. This case was challenged in the High Court, hearing which the court acquitted Bansilal. At the same time, the death sentence of Ramprasad Ahirwar was changed to 25 years.

During the hearing, the High Court found that accused Ramprasad had confessed to his crime. Therefore, his death sentence should be pardoned. The double bench of Justice Vivek Aggarwal and Justice Dev Narayan Mishra has overturned the decision of the District Sessions Court in the much talked about case of brutal murder by beheading an innocent sister after raping her in Banda under Sagar. The High Court clarified in its order that this case does not fall in the category of rarest of rare cases. Where only death penalty is appropriate to be given to the appellant. In this case, the accused aunt Sushila Ahirwar has been acquitted by the court. The hearing of both the accused minor brothers is pending in the juvenile court. This decision was given by Banda’s Additional Sessions Judge Umashankar Aggarwal in March 2019. A hearing was held in the High Court and the court acquitted Bansilal while the death sentence of Ramprasad Ahirwar was commuted to 25 years. During the hearing in the High Court, senior advocate Manish Dutt said that the accused Ramprasad is not a professional killer, this is his first crime. Before this he was never involved in any criminal case. Therefore he cannot be considered a habitual criminal. Advocate Manish Dutt argued before the court that the District Sessions Court Sagar had given a relatively harsh verdict like death penalty by placing this case in the rarest of rare category. During the entire hearing, the government lawyer has also failed to prove the actual age of the deceased. The parents of the accused person come from a laborer background. The High Court said that the accused had accepted the crime. He comes from the working class of the society, hence the punishment has been changed keeping in mind his socio-economic background and level of education. The High Court said that instead of death penalty, a repentant youth should be given a chance in this life to reform and become a better citizen. The High Court also said that the level of education and social interaction should be seen in the context of the social environment of caste dynamics and rural-urban divide present in our society. Although murder is cruel, the age of Ram Prasad Ahirwar and his acceptance of the crime should also be kept in mind. It is noteworthy that this incident took place on March 13, 2019 in Banda, Sagar. On March 14, the girl’s father had lodged a report at Banda police station, alleging that his daughter was lured away by an unknown person. During the search, the decapitated body of the girl was found in Berkhedi Maujahar. The girl’s head and torso were found separately. The police registered a case under section 302 against the unknown accused and investigated. In the post-mortem report of the dead body, the doctor confirmed gangrape. In this case, sections 376, 377 of the Indian Penal Code and 5/6 of the POCSO Act were increased. The accused raped the girl one by one. After this, he was murdered by slitting his throat with a sickle. Banda police station in-charge had presented the investigation report before the district court. Considering the seriousness of the matter, the case was considered to be in the rarest of rare category.

Source : palpalindia
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