Chandigarh,
19 March, 2019
Punjab and Haryana High Court on Tuesday confirmed death sentence to seven convicts for gang rape and murder akin to Nirbhaya case and increased the fine amount to Rs 50 Lakh to be recovered from the immovable properties of the convicts.
Decision came from the special Division Bench comprising Justice AB Chaudhari and Justice Surinder Gupta.
The special Division Bench observed, “Despite stern penal laws in place, deterrence in the mauer of sentences including the death sentence is not satisfactory. We think imposition of heavy fine which, if recovered by sale of the properties of the guilty, would prove additional deterrence. Not only that the victim or the concerned relatives of the victim would also ftnd at least some solace to their sufferance. If they are compensated by selling the property of the guilty. In the present case, having regard to the entire factual matrix discussed above, we think fine in the sum of 50 lakhs would be appropriate which should be recovered from the appellants/accused by attaching/selling their respective immovable properties like plot, house, agricultural Jand etc. It is quite
possible that one or more of the convict does not own or possess any immovable property. But then all these appellants/accused have been found, by us, to have committed the ghastly crime with a conspiracy jointly and
individually. If they had come together to commit the crime joi ntly and individually and not one of them resisted any of the other, we think the liability to pay fine in the sum of 50 lakhs under the peculiar facts and circumstances must be made joint and several.”
The special Division Bench further added that out of the total sale proceeds, if any recovered, half of the sale proceeds ought to go to the State of Haryana and the remaining half to PW5-Janki.
The High Court has also applauded the splendid hard work and the professionalism with which Investigating Officer SI Mohammad llias conducted the investigation in such a hard case. Now it is for the government how to reward him, the High Court Bench added.