Sept. 8
INDIA:
HC confirms death penalty in minors murders case UNI Mumbai Sept 8: The
Bombay High Court today confirmed the death penalty given to two women
recently by the Kolhapur sessions court for kidnapping minors in
Maharashtra and using them to commit theft before killing them.
A division bench consisting of Mr Justice R M S Khandeparkar and Mr
Justice R S Mohite, while confirming the order, also awarded a 86-year
rigorous imprisonment to the two, Renuka Shinde and Seema Gavit for the
offences of kidnapping abduction, conspiracy, forgery and destroying
evidence.
According to the prosecution, prime accused late Anjana Gavit along with
co-accused Renuka and Seema had kidnapped 13 children from Mumbai, Thane,
Kolhapur, Nashik and other parts of the state. The children who were
kidnapped were in the age group of seven months to four years.
The modus operandi of the accused was to use the children as a shield
while committing theft so that nobody could suspect the guilty.
The accused had killed nine children after using them for committing
theft. The police had also recovered Rs 20 lakh from the accused which
they had invested in fixed deposit schemes and also purchased jewellery.
The Kolhapur court had examined 151 witnesses in the case and found them
guilty in 5 murder cases out of total nine. In 2001, the Kolhapur court
had awarded death penalty which was today confirmed by the Bombay High
Court.
While confirming the death penalty, division bench agreed with the
submission made by assistant government pleader, Ms Aruna Kamat that the
accused were involved in the rarest of rare case. The bench in its order
also observed that if the death was waived off by the apex court or by the
President of India, the accused would have to serve RI of 86 years.
(source: Navhind Times)
KOREA:
Death Sentence Upheld Again----Court Orders Execution of Doomsday Cult
Member for Murders
The Supreme Court Wednesday upheld the death sentence for a staunch
believer of a doomsday religious cult who was charged with killing six
other followers.
The ruling comes amid controversies over whether to abolish the death
penalty. The Constitutional Court and the Supreme Court have acknowledged
the need for the death penalty while some politicians and civic groups
have demanded the punishment be eliminated.
The Supreme Court upheld a lower courts ruling to hand down capital
punishment to 62-year-old Ra Kyong-ok, a follower of the religious cult
Yongsaenggyo, for orchestrating and committing the murders of the six
fellow members on an order of the cults leader, Cho Hui-song. Cho died in
June of heart disease.
The court also sentenced 3 other members who assisted in the killings to
jail terms ranging from 12 years to life imprisonment.
It is the 2nd time this year that the Supreme Court has upheld a death
sentence. In June, the court endorsed the hanging of a man who had
murdered his mother and grandmother.
"The death penalty is an ultimate and exceptional punishment that a
civilized countrys judicial system can present. It is allowed only to
special and objective situations that can be justified by the
responsibility of the crime and aim of the punishment, the court said in
the ruling.
"Even though Ra committed the killings in blind faithfulness to his leader
Cho, he seems to regret his wrongdoings, the court said. "However, capital
punishment is inevitable for him considering the killing scheme was so
elaborate and he committed murder without feelings of guilt, it added.
The highest court also said it upheld lower court decisions for three
other followers, saying they took part in the killing without a sense of
guilt.
Ra and the others were indicted in September last year on charges of
killing 6 followers of the cult in 1990-1992. The victims had threatened
to reveal Chos past wrongdoings.
Cho, who was indicted on charges of ordering the murder, was given the
death penalty by a district court, but his sentence was commuted to two
years in prison by the appellate court, which acquitted him of the
abetment charge for the murders. However, he died from a heart attack in
June while the Supreme Court was reviewing his case.
So far, 59 criminals having been sentenced to capital punishment, but the
nation has not executed anyone in the last 6 1/2 years.
Debates on capital punishment erupted again when serial murder suspect Yoo
Young-chul confessed in July that he killed at least 21 innocent people.
In 1996, the Constitutional Court ruled that the death penalty is not
against the Constitution and is a necessary evil. In 2000, the Supreme
Court also decided the punishment is acceptable by the Constitution,
saying it is a criminal policy applied to exceptional cases considering
peoples sentiment. The majority of citizens also showed their consent to
maintaining the penalty in recent polls.
However, those opposing capital punishment claim the penalty is unethical
and inhumane, and neither the law nor an authority has the right to take a
human life.
Recently, Uri Party lawmaker Yoo In-tae announced a plan to submit a bill
to abolish the death penalty at the National Assembly this fall. The
lawmaker claimed statistics show that it is a misconception that the death
penalty can reduce felonies.
(source: Korea TImes)
