SC stays death sentence of two in rape-murder case

New Delhi, May 29 (IANS) The Supreme Court on Tuesday stayed a Madhya Pradesh High Court order sentencing to death two men convicted of kidnapping, gang-raping and murdering an 11-year-old girl.

A vacation bench of Justice L. Nagaswara Rao and Justice Mohan M. Shantanagoudar sought the state government's response on the plea by the accused challenging the high court order upholding their conviction and death sentence by a trial court.

The Madhya Pradesh High Court by its May 9 judgment said: "The only punishment which the accused persons deserve for having committed the reprehensible and gruesome murder of innocent child to satisfy their lust is nothing but death."

On April 15, 2017, the accused -- Baghwani and Satish -- kidnapped the girl and throttled her to death after raping her.

The high court noted that a helpless child of 11 years, who had gone to keep her belongings in the house of Satish, was kidnapped and raped. She was also subjected to carnal intercourse and made to suffer untold pain and agony.

The accused, it said, did not stop there but strangulated her and threw her half naked body near a road, in total disregard of decency and respect for a dead body.

The court said the accused showed "lack of any remorse", as after committing the crime they acted "normal" and asked for liquor.

Recalling the sequence of crime, the court had said: "In our considered view, the capital punishment to the accused persons is the only proper punishment and we see no reason to take a different view than the one taken by the trial court."

Observing its anguish over the increasing incidents of rapes of minors, it said: "We are immensely appalled by the alarming increase in the recent incidents of child rapes and also being aware of the rising anger of society over rape of minor across the country, therefore, consider death sentence as a measure of social necessity and also a means of deterring other potential offenders."