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SC stays death warrant of Surat rape-murder convict

The CJI wondered how the trial court could issue a warrant despite a judgment of the apex court already clarifying on the issue.

By: Express News Service | New Delhi | Published: February 21, 2020 3:24:19 am
gujarat news, father sentenced to death, minor rape and murder case in surat, indian express news Yadav was sentenced to death by a POCSO Special court in Surat and it was subsequently upheld by the High Court.

The Supreme Court on Thursday stayed the death warrant issued against a man convicted of raping and killing a three-year old girl in Surat as it was issued before the expiry of the limitation period for appealing to the top court.

Senior Advocate Aparajita Singh told a bench of Chief Justice of India S A Bobde and Justices B R Gavai and Surya Kant that the Gujarat High Court had confirmed the death sentence on December 27, 2019 and the death warrant was issued 33 days later on January 30, 2020. The warrant was issued even before the expiry of the statutory 60 days limitation period for filing an appeal against the High Court order, she said.

The CJI wondered how the trial court could issue a warrant despite a judgment of the apex court already clarifying on the issue.

“Why this has happened again after a judgment of this court?…Now we have to stay this and the matter will go on…In spite of the reported judgment, how is it that such orders are passed?” the CJI told Solicitor General Tushar Mehta, who said he will assist the court in the matter.

During trial, the prosecution had sought the death penalty for Anil Yadav for murder, unnatural sex and attempt to destroy evidence, citing the brutality involved in the crime committed in October 2018.

Yadav was sentenced to death by a POCSO Special court in Surat and it was subsequently upheld by the High Court.

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