Rape-cum-murder case: SC stays execution of death sentence awarded to convict

New Delhi: The Supreme Court has stayed the execution of the death sentence awarded to a man convicted for raping and murdering a 30-year-old law student in Kerala in 2016. A bench headed by Justice B R Gavai passed the order while hearing the convict's plea challenging the Kerala High Court's May 20 verdict that upheld his conviction and confirmed the death sentence handed to him by a trial court.

"The execution of the death sentence shall remain stayed pending the hearing and final disposal of the present appeal," the bench, also comprising Justices Sanjay Karol and K V Viswanathan, said in its order passed on July 16.

The high court had confirmed the death sentence awarded to Muhammed Ameer-Ul-Islam, a migrant labourer who was 22 years of age at the time of the incident in April 2016.

It had noted in its verdict that the facts were deeply disturbing and "represent an egregious violation of human dignity and sanctity of life, for after committing rape in an inhumane manner, the victim has also been murdered horrendously".

According to the prosecution, the convict had barged into the victim's house on April 28, 2016 with an intention to rape her and when she resisted, he attacked her with a knife and inflicted injuries upon her.

The prosecution further said the convict had escaped to his home state Assam the following day and was arrested in June 2016. In its order, the apex court said the original case record be summoned from the trial court and the high court. The bench directed that the State shall place before it the reports of all the probation officers relating to the appellant within eight weeks.

Besides passing other directions, it said the superintendent of prison, Central Prison and Correctional Home, Viyyur, shall submit within eight weeks a report regarding the nature of work performed by the appellant while in jail and a report with regard to his conduct and behaviour while in prison.

"The Government Medical College, Thrissur shall constitute a suitable team for the purpose of carrying out a psychological evaluation of the appellant," it said, adding that the report of the evaluation be submitted before it within eight weeks.

The top court has posted the matter for further hearing after 12 weeks. In its judgment, the high court had said, "Before parting with the case, it is necessary to observe that it is with a heavy heart that we uphold the ultimate penalty of death sentence to the accused in the case."

"We hope and fervently believe that this judgment would serve as a resolute deterrent to those who would consider perpetrating such abhorrent acts in future, so that persons similarly placed like the victim, who are innumerable in our society, would live with a sense of security and without fear," it had observed.

The trial court had convicted the man for offences punishable under various sections of the Indian Penal Code, including that of rape and murder, and sentenced him to death.