Title: State of Kerala v. Asafak Alam
Decided on: 14 November, 2023
+ Sessions Case No. 1385 of 2023
CORAM: HON’BLE Justice K. Soman
Introduction
The Additional District and Sessions Judge Ernakulam court stated that Ashfaq Alam, 28, was found guilty of raping and killing a 5-year-old kid in Aluva.
Facts of the Case
The five-year-old victim, who was originally from Bihar, lived in a leased home beside a road that ran parallel to the railroad track close to the garage railway gate in Choornikkara Village with her parents and brothers. The victim’s family rents a building nearby, and the accused lives in a different structure. Around 3:30 p.m. on July 28, 2023, the accused lured the victim girl with a sweet drink and led her to a nearby store. The victim was then brought by the accused to the waste material dump located at the southwest corner of the Aluva Municipal Market. There are shrubs there and the space is empty. The victim was given alcohol by the accused, who also caused her to lose consciousness. Afterwards, he penetrated the victim’s vagina with his penis and injured her private areas by inserting his fingers and penis into her anus, committing rape and aggravating penetrative sexual assault. Following his gratification of his sexual need, the accused strangled the victim girl to death using the victim’s T-shirt as a ligature in order to conceal the crime. Consequently, it is claimed that the accused committed the offenses listed above.
Courts analysis and decision
The accused’s crimes, the court said, demonstrated his paedophilic tendencies. The judge came to the conclusion that, considering the way he had abused the girl and injured her body, he should have been executed. The accused had a heinous criminal record, a vicious mentality, and complete contempt for human life, according to the court, which determined that this case qualified as the “rarest of the rare.” Alam was sentenced to life in jail for the child’s rape, while he received the death penalty for the murder charge.
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Written by- Hargunn Kaur Makhija
