New Delhi: The Supreme Court on Thursday reaffirmed the death penalty of a convict for “horribly” gangraping a 10-year-old girl and killing her along with her brother in Coimbatore in 2010.
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In a majority judgment of 2:1, a bench headed by Justice R F Nariman dismissed the plea filed by the convict Manoharan and said there are no grounds to review the verdict.
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While Justices Nariman and Suryakant dismissed the review plea, Justice Sanjiv Khanna, who was also part of the three-judge bench, said he has a different view on the point of the sentence only.
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“In view of the majority judgment, the review petition stands dismissed in its entirety,” the bench said.
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The top court had last month stayed the execution of convict Manoharan and said it would hear arguments on his plea seeking review of its August 1 verdict which had confirmed his death penalty.
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The apex court had on August 1 sent Manoharan to gallows for raping the girl along with a co-accused and killing her and her seven-year-old brother by throwing them in a canal with their hands tied.
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Terming the offence as “shocking” and “cold blooded”, a three-judge bench, by a majority of 2:1, had upheld the verdicts of the trial court and the Madras High Court to award death penalty to the convict, saying the offence fell under the “rarest of rare” category.
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Manoharan and co-accused Mohanakrishnan, who was later shot dead in an encounter, had picked up the minor girl and her younger brother from outside a temple on October 29, 2010 when they were going to school.
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They had tied the hands of both minor siblings and brutally gang-raped the girl before trying to kill them by poisoning.
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As they did not die of poisoning, the two men tied their hands and threw them into the Parambikulam-Axhiyar Project canal where they drowned.
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In its August 1 verdict, Justices Nariman, Khanna and Surya Kant were on the same page in upholding the conviction of Manoharan for offences of kidnapping, gang rape and murder.
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However, Justice Khanna was of the view that instead of death penalty, the jail term for the remainder of life without any benefit of remission would meet the ends of justice.
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