Coimbatore siblings’ murder: SC confirms death sentence
2:1 decision concludes that crime is in rarest of rare category
02/08/2019, KRISHNADAS RAJAGOPAL,NEW DELHI
Manoharan
The Supreme Court, in a 2:1 majority judgment, confirmed the death sentence of a man accused of the gruesome rape and murder of a 10-year-old child and the murder of her seven-year-old brother in Coimbatore nine years ago.
The majority decision of Justices Rohinton Nariman and Hemant Gupta on Thursday concluded that the convict, Manoharan, showed no remorse for the heinous crime and found it to be a case of the “rarest of rare category”, deserving the death penalty. Manoharan had come in appeal.
Justice Sanjeev Khanna, while confirming the guilt of Manoharan, dissented with the majority decision and awarded the accused life sentence without remission/commutation till his natural death. Justice Nariman, writing for the majority, said the trial court and, subsequently, the Madras High Court had correctly balanced the mitigating and aggravating factors for and against Manoharan to find that the “crime committed was cold-blooded and involves the rape of a minor girl and murder of two children in the most heinous fashion possible”.
The majority judgment said Manoharan falsely retracted only those parts of his earlier confessional statement which implicated him of the rape of the young girl and the murder of both children. “Consequently, we confirm the death sentence and dismiss the appeal,” Justice Nariman wrote.
Justice Khanna held that the retraction of the confession should not be treated as absence of remorse or repentance but as “an afterthought or on advice propelled by fear that the appellant (Manoharan), in view of his admission, may face the gallows, and that the earlier confession made seeking forgiveness would be the cause of his death”.
Justice Khanna said the retraction should not be held against Manoharan.
2:1 decision concludes that crime is in rarest of rare category
02/08/2019, KRISHNADAS RAJAGOPAL,NEW DELHI
Manoharan
The Supreme Court, in a 2:1 majority judgment, confirmed the death sentence of a man accused of the gruesome rape and murder of a 10-year-old child and the murder of her seven-year-old brother in Coimbatore nine years ago.
The majority decision of Justices Rohinton Nariman and Hemant Gupta on Thursday concluded that the convict, Manoharan, showed no remorse for the heinous crime and found it to be a case of the “rarest of rare category”, deserving the death penalty. Manoharan had come in appeal.
Justice Sanjeev Khanna, while confirming the guilt of Manoharan, dissented with the majority decision and awarded the accused life sentence without remission/commutation till his natural death. Justice Nariman, writing for the majority, said the trial court and, subsequently, the Madras High Court had correctly balanced the mitigating and aggravating factors for and against Manoharan to find that the “crime committed was cold-blooded and involves the rape of a minor girl and murder of two children in the most heinous fashion possible”.
The majority judgment said Manoharan falsely retracted only those parts of his earlier confessional statement which implicated him of the rape of the young girl and the murder of both children. “Consequently, we confirm the death sentence and dismiss the appeal,” Justice Nariman wrote.
Justice Khanna held that the retraction of the confession should not be treated as absence of remorse or repentance but as “an afterthought or on advice propelled by fear that the appellant (Manoharan), in view of his admission, may face the gallows, and that the earlier confession made seeking forgiveness would be the cause of his death”.
Justice Khanna said the retraction should not be held against Manoharan.
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