SC Refuses To Review Death Penalty Of Ex-Cop Umesh In Rape-Murder Case [Read Judgment]
8 years, 5 months ago

SC Refuses To Review Death Penalty Of Ex-Cop Umesh In Rape-Murder Case [Read Judgment]

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The petitioner is a menace and has become threat to the society, the Bench observed.After a series of commutation of death sentences and acquittals in September, the month of October began with the Supreme Court Bench headed by Justice Ranjan Gogoi confirming the death penalty imposed on a rape-cum-murder convict Umesh, by dismissing his review petition against the dismissal of appeals by. After a series of commutation of death sentences and acquittals in September, the month of October began with the Supreme Court Bench headed by Justice Ranjan Gogoi confirming the death penalty imposed on a rape-cum-murder convict Umesh, by dismissing his review petition against the dismissal of appeals by the apex court in 2011. No mandate in Section 235 CrPC to fix separate date for hearing on sentence In his review petition, it was contended that since no separate date for hearing on sentence was given in the present case by the trial court, as such for violation of Section 235 CrPC, the sentence of death cannot be affirmed. As such, merely for the reason that no separate date is given for hearing on the sentence, the review petition cannot be allowed.” Kid’s testimony enough to confirm death sentence It was also contended that though the testimony of the child aged about seven years could be sufficient for holding the petitioner guilty of offence for conviction, but the death sentence should not be imposed on the basis of testimony of a 7-year-old child.

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