A bench of Justices Surya Kant, Pankaj Mithal and Ujjal Bhuyan summoned the translated copy of the trial court and the high court records convicting and awarding death sentence to Rahul Kumar
Supreme Court. File Pic
The Supreme Court on Tuesday stayed the death sentence of a 30-year-old man convicted of the rape and murder of a 19-year-old engineering student in Jharkhand's capital Ranchi.
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A bench of Justices Surya Kant, Pankaj Mithal and Ujjal Bhuyan summoned the translated copy of the trial court and the high court records convicting and awarding death sentence to Rahul Kumar.
"Death sentence awarded shall remain stayed. The registry to acquisition records from the trial court and the high court along with the soft copy," directed the bench.
On September 9, the Jharkhand High Court confirmed the trial court's death sentence to Kumar alias Rahul Raj, who hails from Nawada district in Bihar.
Aggrieved by the high court order, Kumar moved the top court, which as a matter of practice on the first day of a death sentence petition hearing, stayed the execution of the capital punishment and summoned the records from the subordinate courts.
The killing of the young woman, who was raped, strangled and then set on fire, took place on December 15, 2016. A trial court awarded death penalty to Kumar in December, 2019.
The high court in its order said, "Life of a bright young girl aged 19 years who was studying in an engineering college, was snuffed out in a most barbaric manner... is established by the post mortem examination report duly proved by the doctors who formed the medical board to conduct the autopsy over the dead body of the victim."
Terming the crime as a "horrendous act" by the appellant the high court confirmed the capital punishment awarded by the trial court under Section 302 of the IPC.
The high court further said Kumar had come prepared with a cable cord and an electric wire to strangulate the victim besides lubricant oil to set her on fire after the incident.
"Strangulation was so intense that cable cord and electric wire got embedded in the neck of the victim. Thereafter, he poured lubricant oil over the body and set her on fire. All this was done on a helpless victim, by this appellant with whom the victim had no past enmity, and after the act, he simply slipped out and absconded," it said.
The post mortem report established "violent rape with the victim" and throttling her to death, the high court said.
"This is not a case where crime was the outcome of sudden spurt of passion, but was diabolically planned and ruthlessly executed. Evidence discloses that appellant stalked the deceased, attempted to take a room on rent in her house, and thereafter, stayed in a room in a nearby temple complex..." the court said.
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