Murder case of minor boy in 2009: Delhi HC commutes death penalty to life term of convict
Jun 26, 2023
New Delhi [India], June 26 : The Delhi High Court on Monday ordered to commute death penalty of a man into life term in connection with a case pertaining to the kidnapping and brutal murder of a minor boy for ransom money in Rohini area of outer Delhi in 2009.
While passing through judgement, the Delhi High Court said, "in view of the settled principles of law viz. sentencing and the factual position in the present case, this Court comes to the conclusion that this case does not fall in the category of 'rarest of rare cases'".
"It is not a case where reformation of the appellant is not possible and accordingly, this Court is of the considered view that sentence of imprisonment of life with no remission till 20 years would be the appropriate sentence," added the hudgement.
The sentence of the appellant is thus modified to rigorous imprisonment for life with no remission till 20 years and has to pay a fine of Rs. 1 lakh, in default whereof, to undergo simple imprisonment for six months for offence punishable under Section 302 IPC, said Delhi High Court.
Sentences as awarded by the learned Trial Court for offences punishable under Sections 364A, 201 and 506 IPC are not modified and will remain the same, clarified the High Court bench headed by Justice Mukta Gupta.
In 2020, the Rohini district court had sentenced with death penalty to convict Jeevek Nagpal for the offences 364A (kidnapping for ransom), 302 (murder), 201 (causing disappearance of evidence of the offence, or giving false information to screen offender) and 506 (criminal intimidation) of the Indian Penal Code.
The Rohini court ordered the capital punishment for murder, life imprisonment in kidnapping for ransom, seven years for the disappearance of evidence and another seven years for criminal intimidation charges. Special public prosecutor advocate Harvinder Kumar Nath argued in the matter.
The trial court, while holding Jeevek Nagpal guilty of the crimes, had noted that it was the accused only who had kidnapped the child Manan on March 18, 2009, thereafter committed his murder and then disposed of his body by throwing it in a "naali".
It has further been proved on record that he caused the evidence of the case to disappear by disposing of the dead body of the deceased child in a dry drain with an intention to screen himself from legal punishment, the trial court had noted in its conviction order.
