Intro: The High Court, clarifying that only constitutional courts have the authority to impose life sentences, has ordered life imprisonment instead of imprisonment for life.
BENGALURU
The High Court has clarified that only the constitutional courts (High Court and Supreme Court) have the power to impose life imprisonment till death.
Rudresh (28) had filed a criminal appeal in the High Court seeking quashing of the order of the 5th Additional District and Sessions Court, Shivamogga, which had sentenced him to life imprisonment (imprisonment) till death in the case of murdering a three-and-a-half-year-old child. The appeal was partially allowed by a division bench headed by Justice H.P. Sandesh and the Sessions (Subordinate) Court, which sentenced Rudresh to life imprisonment. Only the constitutional courts, the High Court and the Supreme Court, have the power to award life imprisonment in lieu of death penalty without any exception. However, the bench clarified that the Sessions Court does not have that power.
The High Court has upheld the order of the Sessions Court dated November 27, 2017, convicting Rudresh of the crime of murder and kidnapping, as it was proved with evidence that he had later killed the child, and has modified the order of the Sessions Court, which had sentenced the accused Rudresh to life imprisonment till death. The High Court has ordered life imprisonment instead of imprisonment till death.
Background of the case: Rudresh, a resident of Hosamane village in Shivamogga, was working in a monastery in Hosanagar. The mother of the murdered child (the complainant in the case) was a devotee of that monastery. She used to visit the monastery regularly. The complainant and her mother used to advise Rudresh in the affairs of the monastery. Rudresh had developed enmity towards the complainant over this issue.
On April 10, 2017, the complainant attended a program at the monastery with her three-and-a-half-year-old husband and family members. That night, she had dinner at the monastery and slept. When she woke up at 5.30 am, the child was not with her. Later, the child was found dead. When the Hosanagar police investigated the matter, it was revealed that Rudresh had kidnapped and murdered the child.
The Sessions Court had convicted Rudresh in the murder and kidnapping case on November 27, 2017, and sentenced him to life imprisonment until death on November 30. The convict had filed a criminal appeal in the High Court seeking the quashing of this order.