RE-VISITING NITHARI KILLINGS

RE-VISITING NITHARI KILLINGS

On December 8th, 2017, DEATH PENALTY, was awarded in connection with the rape and murder of 25-year old Anjali Sarkar. This is the ninth of the 16 Nithari killing cases in which court judgements have been pronounced so far. Calling it a “rarest of rare” case, in which the accused showed “animal like tendencies” a CBI Court in Ghaziabad awarded death penalty to business man Moninder Singh Pandher and his domestic help Surinder Koli in connection with the rape and murder of 25-year-old Anjali Sarkar.

On the order given on December 8th, 2017, Special judge Pawan Kumar Tiwari said that there were no conditions in the case which raise objections to the awarding of death penalty. “Convict/accused Surinder Koli, in a pre-planned manner, used to lure girls and women in different ways into the house and without any mercy or pity, raped them, tried to rape them and after killing them, cut their corpses, threw parts in the gallery, drain and cooked and ate some parts of the flesh. In this dangerous illegal act, accused pandher Is involved in the conspiracy” the order said.

While Koli has been convicted under IPC Sections 302 (murder), 364(kidnapping), 376(rape), 201(destruction of evidence), pandher’s conviction is under IPC Sections, 302(murder), 376 (rape), 201(destruction of evidence), to be read along with IPC Section 120B (criminal conspiracy). This is the second Nithari case in which pandher and koli have been pronounced guilty by the court and awarded death sentences. On July 24th 2017, the same court had given death penalty to the two accused in kidnapping, rape and murder of Pinki Sarkar (20) the last victim of the Nithari killings.

The court further stated that Koli had lured Anjali Sarkar to the house on the pretext of giving her employment and strangled her with her own dupatta. Following this Koli raped her, cut her body into pieces and threw away the parts of the body into the gallery. This incident took place on November 12, 2006. The court further reasoned that in this case, getting the “harshest punishment” was apt, reasonable, relevant and expedient as the sentence would be proportional to the crime.

The Court also said, that the two continued to not feel any remorse for their crime, while noting that any chance for the two to be rehabilitated is next to impossible. This is only the third time that Pandher has been convicted in any of the Nithari killings. The last time he was convicted in 2009 by the CBI Court in Ghaziabad. The Allahabad court had acquitted him citing lack of evidence. In this case too, the CBI’s initial charge sheet hadn’t named Pandher as an accused, only later was he summoned by the court under Section 319 of the CrPC. Section 319 of the CrPC confers courts the power to proceed against any person who appears to have committed an offence, even if they have not been named as an accused by the police.

The two were also accused of cannibalism and necrophilia. Necrophilia is a pathological fascination with dead bodies, which often takes the form of a desire to engage with them in sexual activities, such as intercourse. With the ninth case being heard last December 8th, 2017, death penalty has not been executed. Judgements on other eight cases are yet to be delivered. It has been more than 12 years since the case first came into light and families are still waiting for the justice. The main reason being THE NITHARI KILLINGS, never evoked the mass outrage that the murders of Jessica Lal, Nitish Katara and Priyadarshini Mattoo did. All the children and other victims came from underprivileged families who had migrated to Noida in search of better livelihoods. The irony is that the first of the killings started from 2004. Some records show that while no formal cases were filed, police did receive complaint letters from the parents of the victims.

When the DEATH PENALTY has been awarded, why wait for the other 8 cases, be to heard, as its blatantly clear that the two have committed crime and the justice has to be given to the families who have lost their dear ones, by the barbaric acts of these two men. Legal systems when they delay the inevitable, creates disbelief in the minds of the people and public in general. There are people who voice their opinion that the culprits get released even after doing such heinous crime, walk on the street scot-free and the innocents are punished for no faults of theirs.

LET JUSTICE PREVAIL BY EXECUTING THE DEATH PENALTIES AWARDED, TO THOSE PEOPLE WHO HAVE COMMITTED SUCH BARBARIC, HEINOUS, CANNIBALISTC ACTS IN THE SOCIETY SO THAT FEAR OF DEATH IS INSTILLED IN THE MINDS OF SUCH CRIME DOERS.

 


VIJAYASHREE RAMESH, CHENNAI BASED ADVOCATE.