Deep in her heart there is a wish
For all things to be bliss.
A fire which burns so bright
With power to make the sun disappear from sight.
The only thing the heart beats for
is a place for reasoning and justice to reunite.
A wish so simple, a dream so fundamental,
Yet so exceptional.
A sigh for the past to be undone.
A dream to be whole again.
A desire for ethics to reign.
This is what the violated girl seeks for in her domain.
To think that a court in Karnataka may have fulfilled the wish of one such violated girl is brilliant news to read about. The II Additional Sessions Judge Court at Kolar convicted the accused, TN Suresh Babu and pronounced death penalty in a record 22 days.
The accused, a 25 year old coolie was arrested on the charges of attempted rape and murder of a 15 year old girl whose body was found under a railway bridge. Judge BS Rekha observed that the materials and evidence of the case show that it is a preplanned, pre-thought crime and considered it as a rarest of rare case. A charge sheet was furnished to the accused under section 207 of CrPC, charges framed against the accused are for the offences punishable under sec. 302, 341, 376, 511 of IPC and Sec.8 of POSCO Act.
The prosecutor relied on the citation in Bachan Singh v. State of Punjab with respect to sentencing policy wherein it is observed that ‘when the victim is an innocent child or a helpless woman, the murderer is in dominating position then the Court cannot grant lesser sentence’. The Court took into account the factor of mens-rea in the said case, where the accused had an intention to commit rape of the victim who is a minor. The defensive wounds found on the body of the victim suggest that she struggled to escape and the accused held her, showing a violent act. Here the Court said that the safety of a girl child is at stake. The Court justified death penalty by saying that the accused is a drunkard and this was a pre-planned, well thought act and such a person is a danger to the society and cannot be allowed in the society as he would be a danger to others. One cannot take the life of another for the convenience and want of the self also the suffering of the victim girl is material and cannot be ignored.
The step taken by the Court is commendable and a well-reasoned one. Taking into account that the accused had no prior criminal history but was capable to conduct such a heinous offence reflects badly on the mentality of the society where ego and the brief surge of dominating power is so addictive and important that one fears no punishment and would cross any boundary just to feel it, even if it includes taking an innocent life.
The speedy trial and judgment has not only brought the grieving family a sense of closure but also has set a precedent that law prevails and the crimes do not go unpunished.
By- Bhanu Priya Bhati
(Student Reporter INBA)