Death sentence
rajeev
(Querist) 26 February 2012
This query is : Resolved
Recently i saw a news of bihar regarding death sentence for kidnappers, i found it strange that can a person be hanged for kidnapping.please go the mention link below i forgot to mention about it.
http://articles.timesofindia.indiatimes.com/2012-02-24/patna/31094514_1_pats-cops-krishna-yadav-bagaha
Raj Kumar Makkad
(Expert) 26 February 2012
The punishment do not seem proportionate to the crime and moreover the punishment of handing can be awarded in rarest among rare cases. I think an appeal has been preferred against the mentioned judgment.
M/s. Y-not legal services
(Expert) 26 February 2012
judgement may be differ to case to case.. circumstances, evidences., deposition of witness's are the deciding factors of a case..
-tom-
Shonee Kapoor
(Expert) 26 February 2012
I guess there was some murder involved in it too.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Deepak Nair
(Expert) 27 February 2012
Even though the punishment awarded seems harsh, it is not at all in violation of law.
It is to be noted that they were found guilty under sec.120(b) of IPC which states that "Whoever is a party
to a criminal conspiracy to commit an offence punishable with death,
2*[imprisonment for life] or rigorous imprisonment for a term of two
years or upwards, shall, where no express provision is made in this
Code for the punishment of such a conspiracy, be punished in the same
manner as if he had abetted such offence"
In this case, they kidnapped for ransom and if the relatives failed to give money, they had planned to kill the captives. Therefore, the decision of the court is legally correct, even though harsh.
Deepak Nair
(Expert) 27 February 2012
But, what made you speak in support of those criminals? What if they had killed those two captives?
rajeev
(Querist) 27 February 2012
@deepak sir
thank you sir for ur response,after all we all are human and court should give some chance so that in futute they do not repeat it.
N.K.Assumi
(Expert) 27 February 2012
Deepak, well done,keep it up.
Rajeev, we should not forget that sympathy to the criminals amounts to antipathy to the victims of criminal acts.
Shonee Kapoor
(Expert) 27 February 2012
But I agree with Deepak, the punishment ought to be proportionate to the crime. Excessive punishment is equally bad.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Deepak Nair
(Expert) 27 February 2012
Dear Rajiv,
They are habitual offenders and no chance is going to make them a normal human being. No matter how many chances are given, they are going to live the life of criminals, and make the life of others miserable.
The chance obviously shall be given in case of first time offenders or those who committed the offence due to such circumstances. But, in this case, the accused persons were habitual offenders who carried out hteir operations in groups in an organised manner.
Sudhir Kumar, Advocate
(Expert) 27 February 2012
But if such decisions are not htere then how cottage industry of kidnapping be broken to debris. Punishment is very less.
M/s. Y-not legal services
(Expert) 27 February 2012
dear rajeev just think from the aggrieved peoples side..
then ask your self that we should give a chance to this kind offenders?
-tom-
V R SHROFF
(Expert) 27 February 2012
[1] judgement within 25 days too fast for any Indian court.
[2] in state of BIHAR
[3]TECHNOCRATS WERE KIDNAPPING :
no more explanation required.
