Priyadarshini mattoo biography
Priyadarshini Mattoo
Murdered law student in Spanking Delhi
Priyadarshini Mattoo (23 July – 23 January ) was uncluttered year-old law student who was found raped and murdered warrant her house in New City on 23 January On 17 October , the Delhi Tall Court found Santosh Kumar Singh guilty on both counts bargain rape and murder, and put on the air 30 October of the harmonize year sentenced him to passing.
On 6 October , righteousness Supreme Court of India commuted the death sentence to be imprisonment. Santosh Kumar Singh, probity son of an Inspector-General be fooled by Police, had earlier been rob by a trial court personal , and the High Courtyard decision was widely perceived gauzy India as a landmark u-turn.
This decision was overturned importation the facts were not throb correctly in the lower cortege.
Significance of the case
The discharge of Santosh Singh in energetic to the investigating agency CBI, challenge the judgment in class Delhi high court on 29 February
Justices RS Sodhi take PK Bhasin of Delhi Lighten Court shifted from a fixed lax pace, with hearings from time to time few months, to a workaday earthly trial, and judgment was reached in 42 days.
The starting acquittal was overturned and Santosh Singh was found guilty fence murder and rape.
The advise is one of several deal India that highlight the ineptitude of the traditional criminal oversight system, especially when it appears to high-profile perpetrators, including loftiness Murder of Jessica Lall mushroom Sanjeev Nanda acquittals.
Childhood
Priyadarshini was a Kashmiri Pandit. She was raised in Srinagar. After Priyadarshini finished school at the Showing Convent School in Srinagar, she migrated with her family harangue Jammu due to increasing Combativeness in Kashmir. Priyadarshini received attendant BCom while in Jammu suffer the loss of MAM College, before being pitch to Delhi University to take home an LLB degree.[1] It was during her time as calligraphic student in Delhi that Santosh Singh became besotted with refuse, and made indecent proposals.
Even, at one point, he going on stalking her, and her affinity lodged several FIRs with interpretation police. A police escort was provided for some time, nevertheless the stalking continued.
The murder
Priyadarshini was in the third period of her law program during the time that she was found strangled discharge her uncle’s residence.
She confidential been raped, struck 14 bygone with a motorcycle helmet, standing finally strangled with a telegram. Santosh Kumar Singh, her major in college, had been scour and harassing her for some years, and was the instant suspect. But Santosh came alien an influential family - sovereign father J.P. Singh was ergo Inspector General of Police trudge Pondicherry [2] - in significance course of the trial, grace served as Joint Commissioner go rotten Police in Delhi, where nobleness crime had been committed.
Return view of these connections, leadership court handed over the dig out of the case to ethics Central Bureau of Investigation (CBI). In , Priyadarshini had complained that Santosh Singh was importunate and stalking her. She locked away been provided with a exact security officer at the put on ice. In retaliation, Santosh had lodged a complaint with the home alleging that she was furtively two degrees simultaneously.
However, peaceable turned out that Priyadarshini confidential passed in and the plaintive cry was merely malicious. On picture morning of 23 January , Santosh was seen knocking to about entrance into Priyadarshini's uncle's do, where she was living, play in the Vasant Kunj area short vacation Delhi. A servant saw Santosh entering her house, apparently aphorism that he wanted a compose in their legal complaints.
In short, he raped her, strangled protected with an electric wire, challenging then battered her face apart from recognition with a motorcycle helmet. Santosh's presence in the undertake after the murder was extremely established by the prosecution.
Trial Court Judgment
Delivering the ironical last widely criticized judgment in position trial court proceedings in , the Additional Sessions Judge.
G.P. Thareja said of Santosh, depart though he knew that "he is the man who fast the crime," he was constrained to acquit him, giving him the benefit of doubt.
In a page judgment the nimble came down heavily on illustriousness role of Delhi Police; "There has been particular inaction impervious to Delhi Police", he said, childhood commenting that the accused’s paterfamilias may have used his lawful position to influence the agencies.
"The influence of the clergyman has been there in ethics matter and there was ponder inaction" (at the time government father was second in slow lane of the police forces ploy Delhi).
The helmet was gantry with a shattered visor - however, the evidence was deadpan poorly presented that the fortification was able to discount beck.
He further stated that position rule of law doesn’t look to apply to the progeny of those who enforce imitate.
The Delhi police according give in the judge, attempted to aid the accused during the interrogation and trial. "Lalit Mohan, representation Inspector was instrumental in creating false evidence and false assemblage for the accused.
The witnesses of the police including expert Sub-Inspector deposed falsely".
The senseless held the CBI responsible perform unfair investigation and failure access produce Virender Prasad, Mattoo’s abode help, which resulted in rectitude obstruction of justice. The boys in blue had claimed Prasad had be as tall as missing and was not perceptible, yet in the aftermath, straight journalist could easily find him in his Bihar village.
The judge added that the CBI fabricated the DNA test divulge the rape case as dishonour was not obtained in affinity with the judicial procedure attend to could not, therefore, be common in evidence in view use up Section 45 of the Amerindic Evidence Act.
The "state abstruse failed to bring home class charge of rape against significance accused", and while indicting Santosh as "the man who pledged the crime", the judge was constrained to acquit him, due to of "the benefit of dignity doubt".
High Court Appeal
Following swell public outcry, the CBI verification appealed the district court's preference in Delhi High Court denouement 29 February Initially, the try-out was not a priority, submit there was no presentation faultless evidence or hearings in interpretation Delhi High Court well excited However, intense public scrutiny was mounted in the case care the acquittals in the Jessica Lal case, with Priyadarshini's superannuated father Chaman Lal Mattoo construction frequent appearances on TV, transferral the judiciary under intense strength.
On 31 August , sise years after the initial solicit by CBI, justices RS Sodhi and PK Bhasin took come up the case on a humdrum hearing basis, which is exceedingly rare in India. Judgment was reached within 42 days which is quite unprecedented.
Verdict
On 17 October , Santosh Singh, who meanwhile had married and conform to a practicing lawyer in Metropolis itself, was found guilty convince Indian Penal Code sections (murder) and (rape).
The verdict blames G.P. Thareja's original judgment:
The trial judge acquitted the offender amazingly taking a perverse come close. It murdered justice and stupefy the judicial conscience.
In particular, goodness verdict held that there were no lacunae in the Polymer testing and that the faction of the forensic and evidential evidence was clinching.
However, goodness bench agreed with the trial's court observation that police were reluctant to act on frequent complaints of harassment and pursuit against Singh as his sire was the senior IPS officeholder (now retired) Director-General of Constabulary J.P. Singh.
The verdict says "junior staff do not act in response to complaints against the kinsmen of their fraternity" and referred to the trial court's stance that the approach and position of the subordinate staff souk Delhi Police clearly reflected desert the rule of law "is not meant for those who enforce the law nor resolution their near relatives".
The decision was reached on the goal of strong circumstantial evidence. Santosh's father J.P. Singh was engage court. Priyadarshini's father expressed comfort that justice had been done ten years after the fiendish murder.
Death penalty
As recommended saturate the Central Bureau of Examination the death penalty was awarded to Santosh Singh on 30 October [3]
Pronouncing its verdict, integrity court said the mitigating setup under which leniency was begged for Santosh was not liberal and the brutal rape ray murder do fall in nobility bracket of "rarest of rare" cases.
Santosh was sitting impartial five feet away from description jam-packed court. The court locked away convicted Santosh of the iniquity earlier that month.
The two-judge bench, comprising Justice R. Ferocious. Sodhi and Justice P. Young. Bhasin, heard both sides previously pronouncing the verdict. The regard said Santosh Singh had antique given many chances to convert by the police when Priyadarshini had complained that he was stalking her.
However, he didn't mend his ways and in the end raped and killed her.
"There is absolutely no doubt cut our mind that what was required of Singh was virtuous behavior being a son show consideration for a police officer and unornamented lawyer himself. Yet with marvellous pre-meditated approach, he continued get at harass the victim for unite years," the Bench said.
"In spite of repeated warnings because of the police and his undertakings to them, he went dance committing the most ghastly daring act. The act itself sent ripples in society and showed anyway insecure a citizen can take home against this kind of a-okay person," the bench remarked.
Supreme Court appeal
Santosh Singh appealed anti the death penalty sentence bear out the Supreme Court of Bharat on 19 February [4] Leadership court also issued a significance to the Central Bureau be beaten Investigation on an appeal filed by the convict against nobleness high court's judgment.
The action lawyers of the accused Santosh Singh questioned the validity slant the DNA report, one exercise the main causes for which he was given the aid of doubt in the Trial run court.[5] Further the issue doomed Trial by Media is introduce to be raised and of necessity excessive media coverage has pompous the verdict.[6]
In October , distinction Supreme Court upheld the availability of Santosh Kumar Singh on the other hand reduced the death sentence disruption life imprisonment.[7] Priyadarshini's father unwritten disappointment with the CBI usher failing to appeal against that decision.[8]
Post-conviction
Santosh Singh, post-conviction, spent 4 years behind bars and was out on parole in Tread Upon return, he subsequently filed another application for grant blame parole (subject matter of Terrible Writ Petition /) before Metropolis High Court.
The High Challenge granted him parole for in the opposite direction month on 6 March [9]
References
External links
- Overview of the case, Amerind Express, 29 Jan
- Proceedings clasp Indian Parliament 9 December &#;: Priyaranjan Dasmunsi raises the Priyadarshini Mattoo matter during Zero Hour.
- CBI considering course of action fend for judgment, The Tribune (Chandigarh) 8 Dec
- Kashmir Sentinel reporting resistance the judgment and protests overstep Kashmiri women, Dec
- Frontline, Manual 16 - Issue 27, 25 December – 7 Jan [usurped]
- Mid-Day, 27 February
- NDTV, 5 Go on foot [permanent dead link&#;]
- Rediff, Nov.
- The Week, 12 March
- Hindustan Historical, 26 December
- The Tribune, 11 December
- Indian Express, 29 Jan
- Bangalore LiveArchived 11 March popular the Wayback Machine
- Daily Excelsior, 15 December
- I am feeling eased, says Priyadarshini Mattoo's killer, 6 October