What are the charges imposed on Aluva rape and murder convict Ashfaq Alam? Read
Aluva rape and murder case: The Ernakulam POCSO court has sentenced the death penalty to the convict Ashfaq Alam in the rape and murder case of a five-year-old girl in Aluva under IPC Section 302. The court has earlier affirmed 13 charges brought by the prosecution against the accused.
FollowAluva: The Ernakulam POCSO court sentenced the convict in the rape and murder of a five-year-old in Aluva, Ashfaq Alam, to capital punishment on November 14. The death penalty is as per IPC Section 302.
Section 302 of the Indian Penal Code (IPC) pertains to the offense of murder. It defines the crime of murder and prescribes the punishment for it. According to Section 302:
"Whoever commits murder shall be punished with death or imprisonment for life and shall also be liable to fine."
The 13 charges imposed on the convict are as follows:
1. 5(m) r/w 6 POCSO: Penetrative sexual assault on a child below 12 years, life imprisonment (Natural life) + 1 lakh
2. 5 (l) r/w 6 POCSO: Penetrative sexual assault on a child repeatedly, life imprisonment (Natural life) + 1 lakhs
3. 5(i) r/w 6 POCSO: Penetrative sexual assault causing grievous hurt or injury to the sexual organs of the child, life imprisonment (Natural life) + 1 lakh
4. 302 IPC: Murder, death + Rs 1 lakh
5. 376(2) (j): Commits rape on a woman incapable of giving content, Life Imprisonment + Rs 1 lakh
6. 377 IPC: Unnatural carnal intercourse against the order of nature, Life imprisonment + Rs 1 lakh
7. 328 IPC: Administers intoxicating drug/liquor with intent to commit an offence, rigorous imprisonment for 10 years, and a fine of Rs 25,000
8. 201 IPC: Causing disappearance of evidence of offence, rigorous imprisonment for 5 years, and fine of Rs 10,000
9. 297 IPC: Causing indignity to the human corpse, rigorous imprisonment for 1 year
10. 364 IPC: Kidnapping in order to commit murder, rigorous imprisonment for 10 years, and a fine of Rs 25,000
11. 366 A: Procuration of minor girl for illicit intercourse, rigorous imprisonment for 10 years, and a fine of Rs 25,000
12. 367 IPC: Kidnaps or abducts any person subjected to grievous hurt or unnatural lust, rigorous imprisonment for 10 years, and a fine of Rs 25,000
13. 77 Juvenile Justice Act: Penalty for giving intoxicating liquor to a child, rigorous imprisonment for 3 years; and a fine of Rs 10,000
The court has earlier affirmed 13 charges brought by the prosecution against the accused. These charges include murder, kidnapping, torture, indignity to a human corpse, destroying evidence, and three charges under the Protection of Children from Sexual Offences (POCSO) Act.
Ashfaq was sentenced to five years for destroying evidence, three years for drugging the minor, life imprisonment for raping the minor, and the death penalty for the murder and rape of the minor.
The prosecution also argued that the accused, who molested another child in Delhi the same year the child was born, did not deserve any punishment less than death. The accused repeated in court that he had not committed the crime. Out of the 16 offenses against the accused, there will be no punishment in three sections that are general in nature. Punishment will be imposed in 13 sections, as similar sections have higher punishments.
