Why not death? High Court to Samatha Gang Rape, Murder Case Convicts

On Tuesday, the High Court of Telangana issued notices to convicts of the Samatha gang rape-cum-murder case, asking them to explain their contention against death punishment awarded to them by the special fast track court in Adilabad.

The HC was dealing with the referred trial case filed by the State Govt for confirmation of death sentence given to the 3 accused convicts – Shaik Babu, Shaik Shaboddin & Shaik Mukhdum. The court adjourned the case to March 24 for further hearing, before which the convicts should file their contentions before the HC. 

Adilabad district Judge M.G. Priyadarshini who was the in-charge Judge of the designated special Court had pronounced the verdict on Jan 30, awarding capital punishment to the three in connection with the Samatha gang-rape & murder case. They were sentenced to death by hanging. The case was disposed of in record 67 days.

Before the death sentence is executed, confirmation by HC is necessary as per provisions of Section 366 of the Criminal Procedure Code. It says when a sessions court passes a death sentence, the proceedings must be submitted to the High Court. The sentence cannot be executed unless it is confirmed by the High Court. The sessions’ court must commit the convicted person to jail custody under a warrant.

The HC needs to satisfy itself both in terms of the law as well as facts of the case before confirming the death sentence. In other words, the HC must come to its own independent conclusion as to the guilt or innocence of the accused, independently of the opinion of the judge who has pronounced the death penalty.

The HC may confirm the sentence or pass any other sentence warranted by law, or may annul the conviction & convict the accused under any offence the court of session might have convicted the accused, or order a new trial on the same on an amended charge, or may acquit the accused person or persons based on the inquiry it conducts.

This is provided that no order of confirmation is issued under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, till the time the appeal is disposed of.

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