Supreme Court suspends execution of death sentence imposed on convict

New Delhi | The Supreme Court has stayed the execution of the death sentence of a man convicted of the rape and murder of a 30-year-old law student in Kerala in 2016.

A bench headed by Justice BR Gavai passed the order while hearing the convict’s plea challenging the Kerala High Court’s May 20 verdict which upheld his conviction and confirmed the death sentence passed on him by a trial court.

“The execution of the death sentence remains stayed pending the hearing and final disposal of the present appeal,” the court, also comprising Justices Sanjay Karol and KV Viswanathan, said in its order issued on July 16.

The Supreme Court upheld the death sentence against Muhammed Ameer-Ul-Islam, a migrant worker who was 22 years old at the time of the incident in April 2016.

In its verdict, it said the facts were deeply disturbing and represented “an egregious violation of human dignity and the sanctity of life, because after being raped in an inhumane manner, the victim was also cruelly murdered”.

According to the prosecution, the convicted man entered the victim’s house on April 28, 2016 with the intention of raping her. When she resisted, he attacked her with a knife and inflicted injuries.

The prosecution further said that the convict fled to his home state of Assam the following day and was arrested in June 2016.

In its order, the Supreme Court requested the production of the original files of the proceedings before the Court of First Instance and the High Court.

The Court ordered the State to submit to it within eight weeks the reports of all probation officers concerning the appellant.

Besides issuing other directions, it said that the Superintendent of the Central Prison and Viyyur Correctional Institution would have to submit a report on the nature of work done by the accused during his detention and a report on his conduct and conduct in prison within eight weeks.

“The Government Medical College, Thrissur, shall constitute a suitable team to conduct a psychological examination of the complainant,” it added. The examination report shall be submitted to the college within eight weeks.

The Supreme Court has scheduled the case for another hearing in 12 weeks.

In its ruling, the Supreme Court said: “Before we dismiss the case, we must state that it is with a heavy heart that we uphold the maximum penalty, the death penalty, for the accused.”

“We fervently hope and believe that this verdict will serve as a decisive deterrent to those who consider committing such heinous acts in the future, so that people in a similar situation to the victim, of which there are countless in our society, can live with a sense of security and without fear,” it said.

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