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INDIA: MAN ESCAPES GALLOWS IN SODOMY OF BOY WHO LATER DIED

December 5, 2021:

The Madras high court on 3 December 2021 commuted the death sentence awarded to a man to 30 years of imprisonment in a case where the man had sexually assaulted and caused the death of a 17-year-old mentally challenged boy in Pudukottai district in 2019.
The convict, hailing from Gujarat was working as a daily wage labourer in a stone crushing unit. In December 2019, he kidnapped the victim and sexually assaulted him. The boy who sustained severe injuries was admitted to the Pudukottai Government Medical College Hospital where he died 19 days later due to septicemia.
Police booked the man under sections of IPC and Pocso Act and arrested him.
In 2021, the Pudukottai district mahila court convicted and awarded death penalty to the man. The case was referred to the HC Madurai bench for confirmation of sentence while the accused also preferred an appeal challenging the conviction and sentence.
A division bench of justices S Vaidyanathan and G Jayachandran said that the accused’s intention to cause the said bodily injuries was not to cause death, but to satisfy his lust. The prosecution was able to establish that the death was caused due to the injury but failed to prove that it was intended by the accused.
Hence, the judges held that the death of the victim falls under the definition of culpable homicide not amounting to murder, since the death is caused without any intention to cause death.
The judges said that the prosecution has proved beyond doubt that the victim was subjected to aggravated penetrative sexual assault by causing hurt, which in turn, has caused his death.
Hence, the judges commuted the death sentence to 20 years rigorous imprisonment for offences under Pocso Act. The court also modified the life sentence under Section 302 of IPC to 10 years imprisonment under Section 304 (ii) of IPC while confirming the seven years sentence for offence under Section 363 (kidnapping) of IPC.
The judges said that the sentences for offences under IPC sections shall run concurrently. However, the sentences for offences under Pocso Act and IPC shall run consecutively which is 30 years (20+10).

(Source: Timesofindia, 04/12/2021)

MALAYSIA: 4 NIGERIANS CHARGED WITH DRUG TRAFFICKING SPARED THE GALLOWS
IRAN - Four men executed in Rajai Shahr Prison on December 15
BANGLADESH: 8 GET DEATH PENALTY FOR MURDER OF SOLDIER IN JHENAIDAH
IRAQ: THREE HANGED ON ‘TERRORISM’ CHARGES
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CONTINUE TO BE HOPE AGAINST ALL HOPE
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IRAN - Massoumeh Zare’i executed in Amol prison on 14 December
BANGLADESH: SATKHIRA MAN SENTENCED TO DEATH FOR KILLING WIFE
EGYPT: MAN SENTENCED TO DEATH FOR STREET BEHEADING
SRI LANKA: KALUTARA HIGH COURT GIVES DEATH SENTENCE TO FIVE PERSONS
IRAN - Abdolsalam Barahooi executed in Isfahan Prison on December 12
INDIA: SC COMMUTES DEATH SENTENCE OF CONVICT WHO KILLED 2 SIBLINGS, NEPHEW
IRAN - Hashem Amiri executed in Gorgan Prison on December 12
IRAN - Mohammad Tazehkar executed in Meshgin Shahr Prison on December 12
IRAN - Bakhtiar Sarmadi and Hossein Heydarzadeh executed in Adel-Abad on December 12
IRAN - Sivan Hosseini executed in Sanandaj on December 11
BANGLADESH: RAJSHAHI COURT SENTENCES 9 TO DEATH, 22 TO LIFE IN PRISON FOR MURDER OF CHHATRA LEAGUE LEADER
USA - Oklahoma. Bigler Stouffer executed on December 9, 2021
IRAN - Ibrahim Sistani executed in Kerman Central Prison on December 9
BANGLADESH: 20 STUDENTS SENTENCED TO DEATH FOR MURDER
IRAN - Three (unidentified) women hanged in Kerman on December 9
INDIA: CONVICT GETS DEATH PENALTY IN GUJARAT FOR RAPE AND MURDER OF TODDLER
NIGERIA: MAN TO DIE BY HANGING FOR ROBBING, KILLING HIS OWN BROTHER
MALAYSIA: MAN GETS DEATH SENTENCE FOR KILLING NEIGHBOUR
IRAN - Ahmad Tavakoli executed in Shiraz Prison on December 6
IRAN - Ali Akbar Mohammadi executed in Neyshabour Prison on December 6
IRAN - Mohmmadreza Mazkouhi executed in Zanjan on December 6
EGYPT: MAN SENTENCED TO DEATH FOR MURDERING HIS WIFE, SIX CHILDREN
SINGAPORE: APEX COURT DISMISSES APPEAL BY MALAYSIAN DRUG MULE

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