KOCHI: Calling Bihar-native Ashafak Alam, convicted for the rape and murder of a five-year-old girl in Aluva, a “paedophile”, the prosecution vehemently demanded the capital punishment at his sentencing hearing on Thursday. The Ernakulam Additional District and Sessions Court, which deals with cases of atrocities against women and children, reserved sentencing to November 14, Children’s Day.
Earlier, Judge K Soman found Alam guilty of 16 charges under the IPC, Protection of Children from Sexual Offences (POCSO) Act and Juvenile Justice (Care and Protection of Children) Act. The court clarified that even though Alam is convicted of 16 offences, the sentence would be announced only for 13 offences. Later, the court asked Alam whether he had anything to say. With the help of a translator, he said the court could take appropriate action. He stood in court with his head bowed throughout. “People with me were released. I also want to be released,” he later said.
Special public prosecutor G Mohanraj said aggravating factors for the death sentence against Alam outweigh the mitigating circumstances favouring him. He argued that the case comes under the ‘rarest-of-rare’ category and should be considered for death sentence. “Alam is a paedophile who lusted for a young child. He has displayed gross sexual instincts towards children. He molested minor children in New Delhi before absconding,” Mohanraj said. He said Alam also deceived the trust of the child who accompanied him.
“He does not deserve the kindness that he did not show to an innocent child. He deceived the trust of an innocent child who accompanied him to get sweets. He made her consume alcohol before brutally raping her. He proceeded to strangulate her in a diabolic way. He still has no remorse.”
Mohanraj submitted that the case also has a severe societal bearing considering that parents now fear sending their young children out of their homes. Alam’s counsel, Adeep M Nelipurackal, argued that if the prosecution considers Alam a paedophile, his mental condition is a mitigation factor for not granting him the death sentence. The judge observed that the court has no opinion that Alam is a paedophile.