Tuesday, March 25, 2014

Madras HC upholds death sentence to convict involved in rape and murder of school children


Chennai:
Madras High Court on Monday confirmed the death sentence awarded on Manoharan, the only surviving accused in the gang-rape and murder of two school children, by the sessions judge of Mahila court in Coimbatore.
Mohanakrishnan, the other accused in the crime, was killed in an encounter with the police two weeks after the incident which happened on October 29, 2010.
Justice S Rajeswaran and Justice P N Prakash passed the 98-page order while stating that the accused will be a menace to the society as could be inferred in the manner in which he raped a 10-year old girl and pushed a 7-year old boy in the canal.
The judges while quoting a Supreme Court verdict in similar circumstances said that they have to follow the path of the Apex Court.  “The two children were kidnapped, one of them gang raped and both of them were given poison and pushed into the canal alive where they suffered a watery grave. We are inclined to follow the foot steps of the Supreme Court and we hereby confirm the award of death sentence to Manoharan, the accused,” the judges observed while quoting from Vana Parva in Mahabharata on whether it is dharmic to award penalty. 
Setting aside charges pertaining to kidnapping and holding the children for ranson, the judges said that motive for murdering the children was to cover up the evidence of kidnapping by Mohanakrishnan and rape by both of them.
“The offence is one of rape of a minor and murder of two children. The hands of girl were tied behind and one after the other they have raped her. After committing rape, cow dung powder which contains auramine and which is normally used for  committing suicide was purchased from a shop and milk was purchased from another shop,” the judges observed.
The judges also rejected the theory by the defence counsel A Raghunathan questioning the evidence of under garments as well as strands of hair hairs that may have been planted by police. “If we are to allow ourselves to be persuaded by this argument, it would lead to ludicrous results in as much as we will be holding that the Judicial Magistrate had also connived with the Police in this alleged concoction,” they observed.
The children were picked up from their home by Muthukrishnan, who was the ex-driver of Surya Cabs October 29, 2010. He was later joined by Manoharan. The duo initially planned to extort money but later changed their plans. The girl was raped and then both the children were thrown into the canal at different places by Muthukrishnan and Manoharan

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