Death in child rape case stayed

Bhagwani says he was rendered ineffective legal assistance in lower courts

May 26, 2018 10:17 pm | Updated May 27, 2018 03:15 pm IST - NEW DELHI

The Supreme Court has stayed the execution of the death sentence of a child rapist and murderer after he pleaded in appeal that he was rendered ineffective legal assistance in the lower courts.

A vacation Bench of Justices A.M. Khanwilkar and Indu Malhotra called for the records of the case and froze the execution of Bhagwani, who came in appeal against the decision of the Madhya Pradesh High Court confirming his death sentence for the rape and murder of a 11-year-old girl.

In its judgment, the High Court found that the brutal crime against an innocent child was committed for the sheer satisfaction of crime and there was a complete lack of mitigating factors to help the accused escape the gallows.

The High Court highlighted the case as an example of the rising brutality and crimes committed against children.

It said the circumstances required the death penalty to be treated as a measure of social necessity and a deterrent against child sex offenders and murderers.

The prosecution records showed that the victim was kidnapped and raped, after which she was strangled to death and her body left by the road.

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