Can’t award death penalty retrospectively for crime committed prior to provision in law: SC

Supreme Court has refused to award death penalty to a convict, who committed rape and murder of a nine-year-old child last year in Telangana, nearly two months prior to amendment of POCSO Act by Parliament prescribing extreme sentence for heius crime, saying that retrospective effect to law cant be granted. Telangana Government has moved top court against Hyderabad High Court order of vember 12, last year by which it had commuted death sentence of 25-years-old youth, who committed grave crime and awarded him life sentence till last breath.

youth, Polepaka Praveen alias Pawan, was awarded death penalty in a trial completed in record time of 48 days by lower court after commission of crime on June 18-19, last year. A bench of Justices Sanjay Kishan Kaul and K M Joseph said that it is unable to persuade itself with argument of state government on aspect of retrospective punishment of extreme sentence on ground that a signal goes to society by imposition of death sentence.

“Firstly, we fail to see how retrospective effect can be granted when punishment is to operate prospectively and logically so. Even orwise, punishment of t being released till his last breath is punitive eugh to send a signal to society and it cant be that only death sentence can send a right signal,” bench said. bench said, “We are of view that High Court has deemed it appropriate to impose life sentence till last breath, this Court under Article 136 of Constitution of India should t interfere only for conversion of same into again a death sentence was imposed by trial court”

During hearing, counsel appearing for state submitted that imposition of death sentence was included in Protection of Children from Sexual Offences Act, 2012 with effect from August 6, 2019 and offence was committed on June 18-19, 2019. counsel submitted that keeping in mind intent of Parliament; it should be given retrospective effect even though provision is prospective in nature. bench refused to agree with contention of state government and dismissed appeal against High Court order.

On August 8, last year, trial court, in its verdict delivered within 48 days of incident, had imposed death sentence to Praveen, who on June 18 kidnapped infant, raped and murdered after lifting baby from ir house in Kumarpally in Hanamkonda. He was caught by girl’s family within hours, but by n child was murdered.

(Im credits: PTI)