The Supreme Court in the case Deepak Kumar vs State of Goa observed ad has reduced the fine amount from Rs. 2 lakhs to Rs. 50,000 to a daily wage labourer who was being convicted of rape and murder of a minor girl. The said court did not interfere with the life sentence which is being imposed by the trial court on him.
The bench comprising of Justice Ravindra Bhat and Justice Dipankar Datta in the case observed and has noted that the convict came from a financially strapped background. The bench partially allowed the murder convict’s SLP.
The court also specified that the said offences are committed are extremely heinous in nature, we note that the appellant is a poor daily wage labourer. Therefore, the said court modify the fine amount [imposed in respect of the Section 376 of the Indian Penal Code, 1860 from Rs 2,00,000 to Rs. 50,000. The court reduced the default sentence from three years to one year SI.
It has further been clarified by the bench that the sentence and conviction are concurrently being upheld and are disturbed.
In the present case, the petitioner was accused of sexually assaulting a 4-year-old girl and then for murdering her in 2012. He also then dumped her body under a construction site, after her face was being covering with an empty cement bag. Therefore, an FIR was also being registered under various sections of the Indian Penal Code and Section 8 (2) of the Goa Children’s Act, 2003 [the Punishment and fine for child abuse]. The Special Children’s Court conducted the trial of the case rather than Sessions Court, even though the petitioner had raised his objections. He was being convicted. He further moved the Top Court, after his challenge against the conviction order before the High Court was unsuccessful.
It has also been pointed out by petitioner that the convict was not being in a position to pay the fine amount of Rs 2 lakhs as he is very poor and has been in jail for over 10 years. It has also been convicted by the SLP that the Special Court is not competent to try IPC offences. In the plea it was stated that the trial conducted by the Court was without jurisdiction, the petitioner deserves to be acquitted.
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