Anti-Sikh riots: SC upholds life sentence of four

April 10, 2013

New Delhi, Apr 10: The Supreme Court has upheld the life sentence awarded to four persons for burning two men to death during 1984 anti-Sikh riots.

A bench of justices P Sathasivam and M Y Eqbal turned down the plea of the convicts that they could not be held guilty of murder as the body was not recovered by the Delhi police and there was delay in lodging FIR in the case.sikh

"It is well-settled that discovery of dead body of the victim has never been considered as the only mode of proving the corpus delicti (evidence) in murder.

"In fact, there are many cases of such nature like the present one where the discovery of dead body is impossible, specially when members of a particular community were murdered in such a violent mob attack on Sikh community in different places and offenders tried to remove the dead bodies and also looted articles," it said.

The bench upheld the Delhi High Court's order convicting and sentencing Delhi residents Lal Bahadur, Surender P Singh, Ram Lal and Virender Singh to life imprisonment. The High Court had on August 27, 2008 set aside the trial court's order which had acquitted all the four.

"It is clear that the High Court re-appreciated the evidence of the witnesses in detail and meticulously examined the facts and circumstances of the case in its right perspective and recorded a finding that the prosecution has proved the case against the appellants," the bench said.

The bench also observed that mere variation in statements of a witnesses could not be a ground to discard their testimony as had been done by the trial court in the case.

"It is indeed necessary to note that one hardly comes across a witness whose evidence does not contain some exaggeration or embellishment — sometimes there could even be a deliberate attempt to offer embellishment and sometimes in their over-anxiety they may give a slightly exaggerated account.

"The court can sift the chaff from the grain and find out the truth from the testimony of the witnesses. Total repulsion of the evidence is unnecessary. The evidence is to be considered from the point of view of trustworthiness," the bench said.

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News Network
March 2,2020

Tezpur (Assam), Mar 2: Seven boys, who had appeared for their class 10 board examinations, were apprehended on Sunday for allegedly raping and killing a 12-year-old girl in Assam's Biswanath district, police said.

The girl was hanged from a tree after the crime.

The incident happened on Friday in Chakla village under the jurisdiction of Gohpur police station, they said.

A senior police officer told PTI that the culprits, all of them High School Leaving Certificate (HSLC) examinees, were on the run, but were nabbed by a police team.

The accused after the examination had called the victim to a house on the pretext of organising a party and raped her, the officer said.

It is suspected that the girl was raped on Friday night and then hanged from a tree in a forest near the house, the senior police officer said.

The body was found on Saturday.

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Agencies
July 31,2020

Thiruvananthapuram, Jul 31: People offered Eid-al-Adha namaz while ensuring social distancing norms at mosques in Thiruvananthapuram and Mallapuram on Friday.

Kerala Chief Minister Pinarayi Vijayan had on Thursday announced that the Eid-al-Adha prayers can be offered in mosques of the state on Friday with a limited number of people due to the COVID-19 pandemic.

Kerala is celebrating the festival of Eid-al-Adha on Friday.

Eid al-Adha or Bakrid, also known as "Sacrifice Feast" is marked by sacrificing an animal, usually a sheep or a goat to prove their devotion and love for Allah. Post the sacrifice, devotees distribute the offering to family, friends, neighbours and especially to the poor and the needy. 

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News Network
January 31,2020

New Delhi, Jan 31: The Supreme Court Friday dismissed the plea filed by one of the four death row convicts in the Nirbhaya gang-rape and murder case, Pawan Gupta, seeking review of its order rejecting his juvenility claim.

The review plea filed earlier in the day was taken up for consideration in-chamber by a bench comprising Justices R Banumathi, Ashok Bhushan and A S Bopanna. 

On January 20, the apex court had rejected the plea by Pawan who had challenged the Delhi High Court's order dismissing his juvenility claim.

Advocate A P Singh, who is representing Pawan in the case, said he filed a petition on his behalf seeking review of the top court's January 20 order on Friday.

While dismissing the plea, the top court had said there was no ground to interfere with the high court order that rejected Pawan's plea and his claim was rightly rejected by the trial court as also the high court.

It had said the matter was raised earlier in the review petition before the apex court which rejected plea of juvenility taken by Pawan and another co-accused Vinay Kumar Sharma and that order has attained finality.

Singh had argued that as per his school leaving certificate, he was a minor at the time of the offence and none of the courts, including trial court and high court, ever considered his documents.

Solicitor General Tushar Mehta, appearing for the Delhi Police, had said Pawan's claim of juvenility was considered at each and every judicial forum and it will be a travesty of justice if the convict is allowed to raise the claim of juvenility repeatedly and at this point of time.

The trial court on January 17 issued black warrants for the second time for the execution of all the four convicts in the case -- Mukesh Kumar Singh (32), Pawan (25), Vinay (26) and Akshay (31) -- in Tihar jail at 6 am on February 1. Earlier, on January 7, the court had fixed January 22 as the hanging date.

As of now, only Mukesh has exhausted all his legal remedies including the clemency plea which was dismissed by President Ram Nath Kovind on January 17 and the appeal against the rejection was thrown out by the Supreme Court on January 29.

Convict Akshay's curative petition was dismissed by the top court on January 30. Another death row convict Vinay moved mercy plea before President on January 29, which is pending.

Singh has also approached the trial court seeking stay on the execution scheduled on February 1, saying the legal remedies of some of the convicts are yet to be availed.

A 23-year-old paramedic student, referred to as Nirbhaya, was gang-raped and brutally assaulted on the intervening night of December 16-17, 2012, in a moving bus in south Delhi by six people before she was thrown out on the road.

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