A rapist, facing capital punishment for assault and murder of a child, moved the Supreme Court on Thursday saying the authority delegated to courts by law over the life and death of a person is “divine” and should be used only in exceptional cases.
Kalu Khan was found guilty of raping and murdering his neighbour’s four-year-old child at Sriganganagar district in Rajasthan in May 2012. The Rajasthan High Court had confirmed his death sentence in April 2014.
In an urgent mentioning on Thursday, Kalu Khan’s lawyer submitted before a Bench of Justices J.S. Khehar and C. Nagappan that his execution was scheduled for June 18 and the matter needed to be heard expeditiously. The Bench posted the case for hearing on Tuesday.
The prosecution showed that Khan had lured the victim to his house on the pretext of feeding her some berries, and allegedly raped and murdered her. A search party led by the child’s grandfather chanced upon Kalu Khan’s son digging the earth near their house to bury the body.
Kalu Khan, 48, had argued that there was no direct proof to show he had killed the child. He contended that the case was foisted on him, based on an extra-judicial confession and hearsay from neighbours.
The High Court confirming the death penalty said the effort of courts “should be to continue the life till its arrival at natural end.”
