Anil @ Anthony Arikswamy Joseph Vs. State of Maharashtra
Death Sentence – Converted to thirty years imprisonment, without remission
Criminal Appeal Nos.1419-1420 of 2012-Decided on 20-2-2014.
The High Court, after appreciating the oral and documentary evidence and arguments advanced by the counsel on either side, confirmed the death sentence noticing the brutal and grotesque manner in which the crime was committed. The High Court held that the young boy of tender age was subjected to unnatural sex for the satisfaction of the lust of the accused which, according to the High Court, falls under the category of rarest of the rare cases. …. The murder was committed in an extremely brutal, grotesque, diabolical and dastardly manner and the accused was in a dominating position and the victim was an innocent boy, the only son of his mother. Accused was aged 35 years when the crime was committed that is he was a fully matured person. Life of a boy, the only son of PW7, the mother, was taken away in a gruesome and barbaric manner which pricks not only the judicial conscience but also the conscience of the society. …. We are of the view that incarceration of a further period of thirty years, without remission, in addition to the sentence already undergone, will be an adequate punishment in the facts and circumstances of the case, rather than death sentence...read more