Mumbai: A sessions court on Saturday sentenced a 23-year-old youth it had convicted the previous day for murder of head traffic constable Vilas Shinde in 2016, to life in prison, while refusing to impose the death penalty on the youth stating that the crime does not fall in the category of the rarest of rare.
Imposing a fine of Rs 50,000 on him, Additional Sessions Judge KM Jaiswal directed that of the amount, Rs 45,000 be paid to Shinde’s widow. It also directed the District Legal Services Authority to enquire into giving compensation to the constable’s family under the victim compensation scheme as it said that due to the incident the family of the deceased has suffered.
On Saturday, the court heard arguments on the quantum of sentence. Special public prosecutor Vaibhav Bagade told court that the victim has been recognized as a ‘Shaheed’ by the state government and was murdered while on duty towards his country. Shinde was only 52 when he died, Bagade said and had a son, daughter and wife dependent on him. The prosecution sought death penalty for the youth, arguing that leniency should not be shown.
The youth’s defence advocate sought leniency on the grounds that he was only 23, had no past antecedents, has a mother is a widow and he is the elder son of the family. When the court asked the youth what he had to say about his sentence, he only asked for leniency.
Judge Jaiswal observed that it is a settled rule that only in the rarest of rare case death penalty is allowed to be inflicted on the convict. The court has to also record special reasons for awarding capital punishment. In his considered opinion and also placing reliance upon principles laid down in various Supreme Court rulings, after closely determining all the circumstances brought on record, this case does not fall within the ambit of rarest of rare category, he noted.
He observed further that no doubt the crime was heinous and it was a brutal murder of an on duty traffic cop, but considering the age of the accused and the nature of weapon used and having regard to the other circumstances brought on record, in his considered opinion this case does not fall in the rarest of rare category.
Investigation officer Rajendra Kane said the police produced eleven witnesses before court and proved the youth’s intent to murder and the brutality of the crime.
The incident had taken place on August 23, 2016 when Shinde was stopping two-wheeler riders without helmet and checking for licenses and other documents. He had stopped the 17-year-old younger brother of the youth for riding without a helmet and asked the minor to call an adult in the family, after having taken away the key of his bike.
What the court observed
The deceased was a public servant acting in good faith and discharging his public duty. The accused committed the act and dealt blow of bamboo stick on his head, without giving him an opportunity or without having conversation with him.
Police authorities are responsible for maintaining public order and safety and it is their duty to enforce the law. If in such offences of attack on the police made by the common public leniency is shown, then it will give a wrong signal and message to the society at large.
