STATE OF RAJASTHAN Vs. SHARAFAT

JUDGEMENT

(1.) D.B. Murder Reference No.01/2022 has been registered on the basis of the communication dtd. 6/8/2022 from the Additional Sessions Judge (Atrocities against Women cases), Bhilwara for confirmation of the sentence of death awarded to Sharafat son of Salim Khan and Rajesh Kumar son of Ratan Lal in Sessions Case No. 12/2015 (35/2021). These convict-appellants have preferred D.B. Criminal Appeal No. 126/2022 to lay a challenge to the judgment of conviction under Sec. 364, 302 and 201 read with Sec. 34 of the Indian Penal Code delivered on 30/7/2022 and the order of sentence passed against them on 6/8/2022.

(2.) On 6/8/2022, the Additional Sessions Judge heard the convict-appellants on the point of sentence and passed the order of sentence of death against them. The Additional Sessions Judge considered the aggravating and mitigating circumstances in the case and arrived at a conclusion that the aggravating circumstances against the convict-appellants outweigh the mitigating circumstances in their favor and the crime committed by them falls under the category of rarest of the rare case. While deciding to award the sentence of death to the convict-appellants, the Additional Sessions Judge held that the convict-appellants are menace to the society who cannot be let off free and it would pose a serious danger to the society if they are rehabilitated in the society.

(3.) In Sessions Case No.12/2015, the convict-appellants have been awarded a sentence of death under Sec. 302 read with Sec. 34 of the Indian Penal Code; rigorous imprisonment for ten years with fine of Rs.10,000.00 each under Sec. 364 read with Sec. 34 of the Indian Penal Code with a default stipulation to undergo simple imprisonment of three months each and; rigorous imprisonment for seven years and a fine of Rs.5,000.00 under Sec. 201 read with Sec. 34 of the Indian Penal Code with a default stipulation to undergo simple imprisonment of one month each. The Additional Sessions Judge (Atrocities against Women cases), Bhilwara further ordered that the sentences awarded to these convict-appellants shall run concurrently and the sentence of death by hanging shall be executed on receipt of the warrant of execution. As to disposal of the seized Tavera, the Additional Sessions Judge issued a direction to the effect that the said vehicle shall remain in possession of the mother of Sharafat and the crime articles, clothes, etc. shall be destroyed on expiry of the period of appeal but, in case an appeal is preferred, these articles shall be preserved in 'malkhana' and disposed of as per the direction of the appellate Court.