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A bench of Justices P Sathasivam and F M Ibrahim Kalifulla held that although the crime in question was “gruesome” and “grotesque” and the convict’s previous conduct in raping his own daughter was “beastly”, the principles of sentencing required commuting his punishment to life imprisonment.
The man raped his daughter in 1999 and his wife was a witness. In January 2006, he was released on parole when he axed to death his wife and daughter. This time, his second daughter witnessed the incident and testified against him. The trial court awarded the death sentence and the high court confirmed it.
However, after comparing the aggravating and mitigating circumstances, the apex court said it was “not persuaded” to accept that the case can be called “rarest of rare”, warranting death penalty for the man who is now 48 years old.
“It was thirst for retaliation, which became the motivating factor in this case. In no words are we suggesting that the motive of the accused was correct, rather we feel it does not come within the category of ‘rarest of rare’...” the court held.
Justice in India is a marketable commodity in India today. It can easily be bought - with money or political power. You need enough of it.
Absolutely rubbish Judgement. So if this is not 'rarest of rare', why cant they frame some strict policies to curtail such incidents? or are they waiting to see how far it can go? Our Judicial System is so pathetic. God save people of India.
The man need to be hanged...the judge needs to be impeached!
The judgement taken by the supreme court is based on humanity perspective or is it just gross injustice. The man who raped her daughter and get 12 years sentence comes out because of parole and killed his wife and daughter in cold blood, is it not rarest of rare case. i guess there is judgement of error in this case as if the accused would only have been tried only for double murder, he would have got death sentence because of 1. cold blooded double murder and 2. the grotesque way of doing it (through axe). The world is changing and the crime rate is ever increasing, hence people are also changing they accept crime as taken for granted. i hope supreme court will redefine the meaning of rare of rarest case and will do justice to not only the person concerned but also to the soul of democracy and the people within it.
Simply great!We heard so many of SC luminaries talking after the Delhi gangrape case. A father rapes his own minor daughter in front of her mother, he is given death sentence, he come out on parole after 7 years and premeditatedly and gruesomely hacks the daughter and his wife to death, yet it is not treated as 'rarest of rare' by the SC. And these SC judges make so much noise about JUSTICE. Well may be when this man comes out on parole next time and RAPES AND MURDERS HIS OTHER DAUGHTER in 'RETALIATION', he will let off comletely free by the 'HONOURABLE'(?) Sc justices as he would be only retaliating! Ain't it funny somehow?
Our Judicial Dispensation has over the Years of Crime Loving UPA and other Criminal Leaders, who themselves indulge in Crimes of Various kinds, become Soft. This is because the The Bosses of the Political Parties have been Taking over Governmental and Private Property of the Lowly Farmer and other Poor People. Our Judicial System, must override these Precedents and Establish Modern Laws, compatible with the present Times, where Radia Disclosures have offered the Economic Disorder on a Silver salver. Only thing missing was the Judicial Activity.
These kind of judgements make me wonder, if this kind and rape and murder cases are prevalent even in the Judiciary family community. May be thats why they are giving these stupid reasons and judgements. May be this can be a valid case for police encounter deaths
These kind of judgements make me wonder, if this kind and rape and murder cases are prevalent even in the Judiciary family community. May be thats why they are giving these stupid reasons and judgements. May be this can be a valid case for police encounter deaths
The absurd logic of the highest court of the land is not just astounding, but most absurd, to say the least. A man rapes his daughter, goes to prison, comes out and kills the said daughter and her mother (the witness), goes back to jail and is then saved from the death penalty by "Honourable" SC .... I think this judgement is 'rarest of the rare'. The man is 45 years old now. After serving his 'life' imprisonment (how long is it , anyway? - with time off for good behaviour!) he is going to come back and his "thirst for retaliation" will lead to the other daughter getting wiped out. If this happens, the SC Bench should be held responsible! God help this country ....
Look around the country. Every time a lower court sentences a criminal, the higher court squashes it.This is suspicious, as the terminology can be twisted to their advantage. It is time we got judges by merit and simplified our legal language.Indian legal system is the most corrupt mentally and financially.
Have the judges becomes buffons and idiots? Why do they want to spend tax payers money on a person who is not going to change. Next time the parole comes...he will kill his second daughter....then what.... or these fellows chickened out...for he will kill the judge's wife and rape his daughter....shame on these lousy judges...
The judges should recommend for a gallantry award for this person, when he kills his second daughter also. What is the difference between the Delhi rape and murder and this case?. Conclusion by the Supreme Court :Do not try any of the 6 accused in the Delhi rape/murder case.Felicitate them.
It is difficult to believe that such a criminal was not given the death sentence! Now I am at a loss to understand what is " rarest of rare" case. It time we define these words in clear terms. A man raping his own daughter and murdering has been shown mercy!!!What is happening to this country? It is high time some serious judicial reforms are done.
What Stupidity? Thirst for retaliation is not a crime huh?! which led the pervert that already he is, to do such a ghastly act of axing two lives. Where is this nation heading to? A nation which was once the center of intelligence and knowledge is facing a great crisis of need of basic intelligence and sense, that too at the topmost judicial system of the entire nation. This is the same nation where even a theft was met with the most severe punishment.. So pathetic!
why the hell he was given parole and at that time he killed his wife and daughter still they are waiting for this case to be rarest of rare .Raping his own daughter is equal to killing her if i would be the judge i would have given him rarest punishment like cut off his private parts .He is not a human .Its sad.
The crime magnified, anyone from now on can comit heinous crimes, come out on bail and eliminate all witness. Perhaps now he will be out on bail and kill the other daughter. What justice can now the justice system guarantee for the victims.
These kind of judgements make me wonder, if this rape and murder cases are prevalent even in the Judiciary family community. May be thats why they are giving these stupid reasons and judgements
These kind of judgements make me wonder, if this kind and rape and murder cases are prevalent even in the Judiciary family community. May be thats why they are giving these stupid reasons and judgements
Sorry if this is not the rarest of rare cases than what is it? I am appalled at this sympathy shown to this criminal.. one fine day if he comes out for even a day he will not leave his other surviving daughter.. What a tragedy.. and what a horrible judgement..
Courts are responsible for most of the crime in India as most of the judges are corrupt who work more to save the culprits than to punish them. Unless these judges had first hand experience of these crimes , they will not mend their ways.
Sir, If a judge does not punish these deed can VErma commission punish the judge.justiceVerma says prosecute police.Why not punish Judges?They are more accountable.
It is impossible to understand the inclination and thought process of the Supreme Court Judges in leniency towards such a convict. Leniency or even toleration of such convicts in society will lead to much more commission of such offences. The family as we know it may not survive. The state should appeal against this judgment before a larger bench. If larger benches can be constituted for taxation cases, then why not for this case? This involves the future of humanity!
The other day we heard the CJ of SC saying he would like to have been in the crowds of delhi protesting Nirbhaya Rape and killing. Another brother of his, is letting off a person who while on parole killed his wife- this certainly comes under the rarest of rare - In future people will come on parole kill people and get back to prison - since we have brother judges who see it as a normal human activity. Its high time the judges speak and think in one voice.
WHEN DOES A CRIME BECOME RAREST OF RARE?
Afzal Guru who was only trying to kill, thereby help India, all the corrupt blokes sitting in Parliament gets Death Sentence and this guy who first Raped then on Parole Kills his own family gets Life Sentence!! What a travesty of Justice! Hope there are laws to sue the Supreme Court judges for idiotic rulings and put them behind bars instead!
A man goes to jail for a 12 year term.He gets parole midway-one should realise parole is a reward for improved behaviour,tendency to improve oneself or in extreme compassioane grounds-and uses or rather misuses the favour of parole merely for quenching his thirst for revenge by mercilessly murdering the very complainant who sent him to jail in the first place.If anyone can classify this thirst for revenge a motivating factor(probably an inapt usage,and the honorable court would have been more specific by stating the standard legal term of deliberate,premeditated etc),it seems rather unfair on the surviving daghter and her brutally murdered mother.If this is not rarest of rare,then pray tell what is rarest of rare?
