CUTTACK: The Orissa High Court on Wednesday appointed an Amicus Curiae for Salepur minor girl rape and murder case in which the death penalty has been awarded to the accused following conviction. The case was referred to the High Court (HC) for confirmation of death sentence.
The division bench of Justice SK Mishra and Justice AK Mishra appointed advocate Patitapaban Panda as Amicus Curiae to assist the court in the case as no criminal appeal had been filed by convict Md Mustaq so far. He was sentenced to death by POCSO Special Court Judge, Cuttack, Bandana Kar on September 19.
The victim was a six-year-old girl and the incident had occurred in a village under Salepur police limits on April 21, 2018. The POCSO Court had convicted the accused under sections 376 a-b (rape on minor girl below 12 years of age), 302 (murder), 363 (kidnapping) of IPC and POCSO Act.
Bandana Kar, who is also the District Third Additional Sessions Judge, considering the nature and gravity of the offence, called it a ‘rarest of rare’ crime.
Police had registered the case on the day of the incident on the basis of complaint filed by victim’s father. The accused was arrested within 24 hours. The case was converted into a rape and murder case after the victim’s death and chargesheet was filed on May 11, 2018.
The judge had convicted the accused on the basis of testimonies of 23 witnesses and documentary evidence in form of medical and forensic reports.
Awarding capital punishment to Mustaq, the sentence order said, “After weighing the aggravated and the mitigating circumstances, this court comes to the conclusion that the balance leans in favour of the aggravating circumstances and no leniency should be shown to the convict. The abject monstrosity of the crime indubitably renders its categorization as rarest of rare. Thus, this court awards death sentence to the convict. He is to be hanged till death subject to the confirmation of High Court of Orissa.”