The court, presided over by special judge Vrushali Joshi, while explaining as to why the case fell under the category of 'rarest of rare' case, maintained that the society's abhorrence to the crime of rape and murder alone compelled the legislature to introduce the death penalty.
A special women's court here on Friday sentenced to death Chandrabhan Sanap, who was held guilty for raping and later killing a 23-year-old techie, Esther Anuhya, in January last year.
The court, presided over by special judge Vrushali Joshi, while explaining as to why the case fell under the category of 'rarest of rare' case, maintained that the society's abhorrence to the crime of rape and murder alone compelled the legislature to introduce the death penalty.
Detailing the factors behind awarding of capital punishment, the court pointed out that the manner in which the offense was executed, the conduct of the accused, the enormity of the crime, and the 'shock' it left on the collective conscience of society demand that the accused be awarded with maximum punishment.
"Forceful sexual intercourse is one of the reasons that led to the victim's death," observed the court adding that the accused didn't stop even after banging her head on the floor and strangulating her. "He then poured petrol on her body and abandoned the half-burnt body in an open place, which proves that the crime is committed in the most cruel and inhuman manner, which is extremely brutal and diabolic," the court pointed out.
The court further held that the social abhorrence and shock the incident evoked was parallel to that of Nirbhaya case in Delhi. "The safety of working women has arose again because of the incident. It created a dent in the image of Mumbai as a safe city for women. The fact that LTT railway station, or for that matter any other place in Mumbai, is not safe and secure for young girls...was shocking to one and all. It created a feeling of helplessness in parents, in women, in girls and in every section of society. It has created a fear psychosis and left a scar on the social order," the court said.
The court further maintained that if the object of punishment is to be achieved, capital punishment has to be awarded as it alone will send a message to society and to similar wrong-doers. "To show leniency or mercy in such cases of heinous crime, and upon the accused who has shown no repentance or remorse after exhibiting extreme depraved mentality, would be a travesty of justice," it said.
Inconsolable Sanap says will move SC
Sanap, 30, was in a state of shock and sobbed inconsolably after the court pronounced death sentence for him. Sanap's brother, who was present in the court, also expressed shock over the judgment. Sanap later told awaiting mediapersons that the police as usual have accused someone wrongly as he had not committed any such crime. However, regaining composure, Sanap said he would definitely approach the appellant court to prove his innocence.
Esther's family content, relieved
Esther's uncle Arun Kumar, who was also present in the court while the court gave its verdict, said he is happy and content. "Justice has been delivered in the case," he said. Esther's father S Jonhatan Prasad, however, while speaking to dna over phone, got emotional and said the loss caused to their family is irreversible. "But the verdict makes me feel relieved and strengthens my faith in the judiciary, society and police," he said.
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