Pune Gangland: Judge Considers Accused as Non-Hardened Criminals in Sentencing Decision

By India Crime Correspondent

PUNE, December 8, 2012

• Sentencing Rationale: Lesser Punishment Based on Non-Brutal Nature of Murder and Lack of Prior Criminal Records
• Special Judge Considers Background and Past Record of Accused
• Observations on the Sentencing Rationale by Special Judge S P Tavade

In justifying the imposition of a milder sentence on the accused, Special Judge S P Tavade articulated that the nature of the murder did not demonstrate extreme brutality or barbarism. Furthermore, the judge underscored that the prosecution failed to present any evidence indicating a criminal history for either of the accused individuals.

Judge Tavade noted, “The accused are not habitual criminals and their past does not reflect any instances of conviction. It has been rightfully presented that a person who might be ‘Valya’ today could potentially transform into ‘Valmiki’ tomorrow. Therefore, the accused should be provided with an opportunity for reform and rehabilitation by meting out a minimal sentence for the charge of murder.”

Contextual Considerations

In the context of assessing both aggravating and mitigating circumstances related to the accused, Judge Tavade recognized their youthful age and their origin from middle-class and lower socioeconomic strata.

He acknowledged that the abduction of Sagar was driven by financial motives, and accused Nitin Modha had sought assistance from an overseas gangster to extort money from the victim’s parents.

Cold-Heartedness of Accused

Despite not considering them as hardened criminals, Judge Tavade did highlight the accused’s heartless nature, noting their audacity to execute the murder with a level of familiarity with Jitendra Modha and Nitin Modha.

He pointed out that they displayed no empathy towards the victim’s youthfulness, and that assailant Prasad Shetty’s actions remained steady even as he inflicted fatal injuries on Sagar by slitting his throat thrice.

Reformation and Repentance

In his comprehensive 241-page judgment, Judge Tavade delved into the involvement of Narayan Jameria in the orchestrated plan for ransom collection.

The judge acknowledged Jameria’s initial alignment with the scheme, but also recognized his subsequent remorse. Jameria had confessed to his role before a magistrate and sought pardon.

Judge Tavade acknowledged the virtue of repentance and its potential for soul-cleansing, asserting that Jameria’s demonstration of regret was commendable.

Credibility of Prosecution Case

The judgment concurred with the prosecution’s position, particularly as there existed no evident hostility between the victim’s family and the accused.

Judge Tavade also expressed confidence in the reliability of the testimonies provided by witnesses.

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