New Delhi, Sep 22 The Supreme Court has stayed the execution of a man who was handed down death penalty for repeated sexual assault of three minor girls aged between six and eight.
A bench of Justices Vikram Nath, Augustine George Masih and Sandeep Mehta passed the order while hearing a plea filed by the man challenging a verdict in June this year of the Madras High Court's Madurai bench which confirmed his conviction and death sentence given in the case.
The high court had said that three minors were subjected to aggravated penetrative sexual assault repeatedly over a period of one year and they were aged six, seven and eight respectively. It had said the convict did not deserve any leniency.
"The execution of the death sentence shall remain stayed pending the hearing and final disposal of the present appeal(s)," the apex court said in its September 21 order.
The bench said the original record of the case be summoned from the trial court and the high court.
It directed the state of Tamil Nadu to place before the apex court the report of all probation officers relating to the appellant within 16 weeks.
The bench said the superintendent of jail of the central prison, Palayamkottai, would submit a report with regard to the nature of work which has been performed by the appellant while in jail and also with regard to his conduct and behaviour there.
"The head of the Tirunelveli Medical College Hospital shall constitute a suitable team for the purpose of carrying out a psychological evaluation of the appellant," it said.
The top court said the report of evaluation be submitted before it within 16 weeks.
"V S Varunanvelu, who is associated with the Square Circle Clinic, NALSAR University of Law, is permitted to have access to the appellant, who is presently lodged in central prison... to conduct multiple in-person interviews for the purpose of collecting information relevant to sentencing and to submit a mitigation investigation report on behalf of the appellant...," it said.
The bench posted the matter for hearing after 20 weeks.
In March this year, a trial court had convicted the appellant and handed him death penalty in the case.
The high court had upheld the trial court order and dismissed the appeal filed by the man challenging his conviction.
According to the prosecution, he was a neighbour to the three minor victims, whose parents were daily wage labourers.
It was alleged that he used to take these three children inside a house and commit aggravated penetrative sexual assault on them. These incidents took place over a period of nearly a year, it was further alleged.
After the incident came to light, an FIR was registered in February 2023 for the offences under the provisions of the Protection of Children from Sexual Offences Act (POCSO) and the Indian Penal Code (IPC).
On February 27, 2023, the accused was arrested in the case.
The counsel appearing for the accused before the high court had contended that the statements of the victims were "unnatural, suffer with contradictions" and they had improved their version at every stage since they were "tutored".
The high court had said, "The accused person, who has destroyed the soul and dignity of three children, is not fit to live in the society and for the heinous crime committed by him, he has to necessarily lose his life."
It had said he does not deserve any leniency and any punishment less than death sentence would fall short of the societal expectation that children's safety was paramount.
