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Hasini murder case: Dashwanth's death sentence upheld by Madras High Court
The Madras High Court while upholding the death penalty to Dhasvanth for the rape and murder of a seven-year-old girl had held that in the present case, there is not even a hint of hesitation in the mind of this court with respect to the aggravating circumstances outweighing the mitigating circumstances.
Chennai
The division bench comprising Justice S Vimala and Justice S Ramathilgam, on referring to the mitigating factors offered by the Supreme Court as to whether the accused is young or old, he shall not be sentenced to death, said, “None of the conditions apply to the accused excepting the age. So far as age is concerned, it is only one of the consideration, but not a determinative factor by itself. So far as sexual offences are concerned, when the accused is young, the probability of repeating the offence is more.”
Holding that the court does not find any justification to convert the death sentence imposed to life imprisonment, said, “The gruesome offence was committed withthe highest viciousness. Human lust was allowed to take such a demonic form. The accused may not be a hardened criminal; but the faith imposed by the young child on the accused has been shattered to pieces. The child had been lured as a puppet to satisfy the sexual lust of the criminal mind.”
Also, holding that if at all there is a case warranting award of death sentence, it is the present case, the bench said, “The viciousness and ruthlessness with which the accused had committed the brutal act definitely brings the case within the category of ‘rarest of rare cases’. It is manifest that the wanton lust and the carnal desire ruled the mindset of the appellant to commit this beastly crime.”
Further, touching on the age of the accused, the all women division bench said, “This court is of the considered opinion that the mind of the accused is reflected in the manner in which the body of the deceased had been tried to be disposed of and shows the ruthless character of the accused and his mind is beyond reformation.”
“This court is conceivably satisfied that any sentence other than death would not be commensurate with the gravity of the offence committed and, therefore, the case of the accused squarely falls under the category of rarest of rare cases, and definitely demands the sentence of death,” the bench added.
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