Calcutta High Court:<\/b> In a dreadful incident involving murder of a 13 year old step-son by his father and for having carnal intercourse with him against the order of nature and causing disappearance of evidence of unnatural offence, a division bench of Ashim K. Roy and Ishan Chandra Das JJ commuted the death sentence of the accused awarded by the trial court to an imprisonment of 25 years.<\/p>\n
In the instant case, the trial court awarded death sentence to the accused (appellant) for his conviction under Section 302 IPC and sentenced him to undergo rigorous imprisonment for 10 years and 5 years concurrently for his conviction under Section 377 and 201 IPC, on the observation that in the present case (a) the victim was helpless child on whom the accused being his stepfather was in a dominating position, (b) the accused to fulfil his lust by making carnal intercourse on him for several days and taking advantage of his position in a very cold and pre-planned way took him away and for concealing the evidence of unnatural offence killed him brutally by strangulation with ligature (c) after committing the murder, he returned home in the evening and behaved normally with the unfortunate mother of the helpless boy (d) the conduct of the accused proves that he is a man without natural instinct and cannot be rectified and reformed and free movement of the accused in the society at large will be dangerous. If this kind of crime is treated leniently, wrong signal will go to the society that no proper justice is available in our society.<\/p>\n