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SC stays death warrant of convict in rape-murder of 3-yr-old
TIWN
SC stays death warrant of convict in rape-murder of 3-yr-old
PHOTO : TIWN

New Delhi, Feb 20 (TIWN) The Supreme Court on Thursday stayed the death warrant issued by a Gujarat court in the execution of a 22-year-old man convicted in the rape and murder of a three-year-old child in Surat in 2018.

The order of the death warrant was stayed by the Apex Court in light of the fact that the same was issued before the limitation period earmarked for filing a Special Leave petition against the High Court's ruling had lapsed. 

The conviction of the petitioner was upheld by the Gujarat High Court on December 27, 2019. By law, a challenge against a death sentence can be filed within sixty days. However, in this case, the death warrant came to be issued merely thirty-three days after the High Court's order.  While issuing notice in the matter today, the Bench of Chief Justice of India SA Bobde and Justices BR Gavai and Surya Kant wondered how an order of this kind was passed despite a reported order of the Supreme Court on this issue in the Amroha murder case.  Solicitor General Tushar Mehta, representing the State of Gujarat, has been directed to take instructions in the matter.

The Court also proceeded to stay the death warrant.  The petitioner in the case was represented by Advocate Aparajita Singh.

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