The couple, Sk Hasina Sultana and Sk Vannur Sha, had been sentenced to death by a fast track court in Howrah for the murder of the child in 2016. However, the High Court found that while their actions were grievous, the case did not fall under the “rarest of rare” category warranting a death sentence.
Key Points:
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Court’s Decision: The division bench, consisting of Justice Debangsu Basak and Justice Md Shabbar Rashidi, observed that the couple’s actions, although heinous, did not justify the death penalty. The couple’s sentence was commuted to life imprisonment, meaning they would serve 40 years without the possibility of remission.
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Territorial Jurisdiction: The couple had raised an objection about the territorial jurisdiction of the court in Howrah, West Bengal. The High Court rejected this objection, stating that the facts of the case justified the trial taking place in Howrah.
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The Crime: The crime occurred in January 2016 when the couple, after murdering the child in Secunderabad, packed the body in a bag and disposed of it on the Howrah-bound Falaknuma Express. The body, showing signs of physical abuse, was discovered at Howrah railway station on January 24, 2016.
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Prosecution’s Case: According to the prosecution, Hasina and her partner had been repeatedly assaulting the child, who cried frequently. After administering medicine to the child following an assault, the child died. The couple then disposed of the body on the train.
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Sentencing Rationale: The bench noted that the couple was relatively young—Hasina was 34 and Vannur Sha 37—and had no criminal history. The judgment referred to various Supreme Court pronouncements that the death penalty should only be awarded in exceptional cases where the possibility of reformation is foreclosed.
The High Court affirmed the conviction of the couple for murder (Section 302), causing disappearance of evidence (Section 201), and common intention (Section 34) under the Indian Penal Code, but decided to commute the death sentence based on the specific facts and circumstances.
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