The Bombay high court (HC) on Tuesday struck down the death sentence of a 24-year-old man accused of raping two women and killing one of them in Belapur in May 2012, accepting his plea that he was a minor when he committed the crime.
The division bench of justices BP Dharmadhikari and SK Shinde directed the police to produce the accused, a Mankhurd resident, before the juvenile justice board concerned.
After the accused, along with his accomplice, Rahimuddin Mohfuz Shaikh aka John Anthony D’souza, raped and assaulted the women on May 9, 2012, they were subsequently arrested by the CBD Belapur police. On May 11, 2017, the Thane sessions court convicted them and sentenced them to death.
Before the HC could take up the reference for confirmation of their capital punishment, the Mankhurd resident filed an application, urging the court to consider his plea.
He claimed he was born on August 29, 1995, and was 16 years and eight months old at the time of the incident, and prayed for release from jail.
Additional public prosecutor Aruna Pai opposed the plea, relying on a report submitted by the Thane sessions court, concluding that the convict had crossed 18 years at the time of the incident. She pointed out that the date of birth in the school record of the accused was not reliable, as it was not submitted by his parents. The prosecutor said the ossification test carried out under the Thane sessions court orders supported the conclusion that the accused was above 18.
{{/usCountry}}Additional public prosecutor Aruna Pai opposed the plea, relying on a report submitted by the Thane sessions court, concluding that the convict had crossed 18 years at the time of the incident. She pointed out that the date of birth in the school record of the accused was not reliable, as it was not submitted by his parents. The prosecutor said the ossification test carried out under the Thane sessions court orders supported the conclusion that the accused was above 18.
{{/usCountry}}The HC, however, refused to accept the results of the test as conclusive proof of age.
The bench said that on the basis of the test report it cannot be said that August 29, 1995, is not his date of birth, and added that in the absence of any other conclusive proof, there was no option but to accept the date as the true date.
Stay updated with all the Breaking News and Latest News from Mumbai. Click here for comprehensive coverage of top Cities including Bengaluru, Delhi, Hyderabad, and more across India along with Stay informed on the latest happenings in World News.
Stay updated with all the Breaking News and Latest News from Mumbai. Click here for comprehensive coverage of top Cities including Bengaluru, Delhi, Hyderabad, and more across India along with Stay informed on the latest happenings in World News.