Supreme Court stays hanging of man who raped, killed 3-year-old girl

Yadav challenged the high court judgment in Supreme Court. Advocate Aparajitha Singh appearing for Yadav argued that the Surat court had issued the black warrant before the expiry of 60 days period, during which the convict is allowed to appeal to the Supreme Court against the judgment of the high court.

The Supreme Court on Thursday stayed the hanging of one Anil Surendrasingh Yadav who was convicted and sentenced to death for raping and murdering a three-year-old girl in Gujarat’s Surat.

The Supreme Court stayed the convict’s hanging as the black warrant was issued before he had exhausted all his legal remedies.(Sonu Mehta/HT PHOTO)

Yadav was sentenced to death by a Surat court under Protection of Children from Sexual Offences Act (POCSO). The Gujarat high court upheld the order in December 2019.

Subsequently, the Surat court had issued death warrant to hang Yadav on February 29.

Yadav challenged the high court judgment in Supreme Court. Advocate Aparajitha Singh appearing for Yadav argued that the Surat court had issued the black warrant before the expiry of 60 days period, during which the convict is allowed to appeal to the Supreme Court against the judgment of the high court.

Chief Justice of India SA Bobde concurred with the line of argument made by Singh. He asked Solicitor General Tushar Mehta, who was appearing for the Gujarat government, how a black warrant was issued before a death row convict exhausted his legal remedies.

“How are black warrants issued before the period of limitation is exhausted. How can judicial process go on like this”, asked the CJI.

The court then issued notice to the State government and stayed the death warrant.