Yug's family moves apex court
Shimla, Dec. 13 -- In pursuit of justice for 4-year-old Yug Gupta - who was kidnapped and murdered in 2014 - his family has filed a Special Leave Petition (SLP) before the Supreme Court challenging the Himachal high court's September 23 judgment that commuted the death sentences of two convicts and acquitted the third.
It was in September that HC commuted the death sentence handed down to two convicts by a sessions court to life term, for kidnapping and murdering the 4-year-old. One convict was acquitted of all charges. A division bench of justice Vivek Singh Thakur and justice Rakesh Kainthala had ruled that convicts - Chander Sharma, 26 and Vikrant Bakshi, 22- would remain in jail till their last breath while acquitting Tejinder Pal, 29, of all charges.
The case dates back to 2014. Yug, who was abducted from his courtyard in busy Ram Bazaar in the heart of the town on June 14, 2014, was tortured and killed after seven days, even before the first call for ransom of Rs.3.6 crore was made. The kid was tortured, forced to drink liquor and dumped in a water tank on June 21, 2014. His skeletal remains were recovered two years later from a water tank of the Shimla municipal corporation in Kelston on August 21, 2016.
The crime investigation department filed the chargesheet on October 25, 2016, and the trial commenced on February 20, 2017. During the course of the proceedings, statements from 105 witnesses were recorded, leading to a verdict in 10-and-a-half months.
In September 2018, Shimla district and sessions judge Virender Singh had termed the crime rarest of rare and sentenced all three to death after the court found the trio guilty of kidnapping and murdering Yug.
The case was then referred to the high court by the Shimla sessions judge for confirmation of capital punishment, while the convicts filed an appeal challenging their conviction."In the present case, the life of a 4-year-old boy was lost. He was playing outside his home, after which he was found missing. We have also seen the video recording on the mobile phone and are shocked by how the child was tied, and he was crying. We are satisfied that the manner in which the child was kept and treated did not deserve any leniency, but at the same time, we are bound to consider the possibility of reformation of the convicts while confirming the death sentence," ruled the division bench. Tejinder Pal was acquitted for lack of evidence.
Speaking to HT on Friday, Yug's father Vinod Gupta said, "Justice was denied to our son. We will fight for justice till our last breath. The acquittal of Tejinder, who allegedly kept Yug confined and assisted in transporting him in a cardboard box has shattered us. We were dissatisfied with the high court's decision, as the accused Tejinder was acquitted. Therefore, a petition has been filed in the Supreme Court against this decision. Now, the Supreme Court is the only place where we can get justice. In the petition, we have requested that these three accused be hanged. The lower court had sentenced all the accused to death. Those three accused tortured my child and threw the child into the tank while he was still alive."
He added, "The CID had worked very hard on this case, but they are not satisfied with the decision given by the HC. They said that their petition in the Supreme Court has been accepted, but a date for this case has not been set yet."
"We seek that Tejinder's passport should not be issued and that no parole be granted to Chandra Sharma. Despite enduring an 11-year struggle we have been denied justice. Only death penalty to the trio would constitute justice for our son. We have full faith that the Supreme Court will restore the punishment awarded by the trial court," he said....
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