In a significant development, the Bombay High Court on Tuesday commuted the death sentence to life imprisonment to two sisters who were responsible for kidnapping 13 minors and murdering at least 5 of them during the early nineties.
The two convict sisters – Seema Mohan Gavit (39) and Renuka Kiran Shinde (45), currently lodged in the Yerawada Central Prison in Pune, will have to undergo the life sentence till the end of their natural life.
The prime accused in the case – their mother, Anjanabai Gavit, passed away in 1998.
A division bench comprising Justice Nitin M Jamdar and Justice Sarang Kotwal noted that the sister’s review plea seeking to commute capital punishment to life imprisonment has seen an “inordinate delay”.
Holding that the crime was inhuman, the bench noted: “...the nature of the injuries suffered by some of the children were so severe that only an extremely depraved mind could have perpetuated such brutal killings…”
However, on the appeal of the sisters and the delay on part of the government, the justices noted: “…due to the casual approach of the officers of the Respondent- State, the mercy petitions were not decided for seven years, ten months and 15 days… Though the procedure for deciding the mercy petitions mandates speed and expediency, the State machinery showed indifference and laxity at each stage of processing the files. That it took seven years only for the movement of files for such a grave issue is unacceptable when electronic communications were available to be used.”
In 2001, the step-sisters were convicted and awarded the death penalty by the Kolhapur Sessions Court for kidnappings of 13 children and killing 5 of them brutally.
The death sentence was later confirmed by the Bombay High Court in 2004 and then the Supreme Court in 2006 and after the rejection of their appeals for pardon and commuting the death sentences to life from both the governor and the President, they moved to the Bombay High Court.
The sister's counsel Aniket Vagal pointed out that the delay was attributable to the executive including the governor and the Maharashtra government, the Ministry of Home Affairs and the President.
However, the Centre’s counsel Sandesh Patil denied any delay on part of the Union government.
The heinous crimes have shaken Maharashtra. The two sisters – Seema and Renuka – were assisted in the crime by their mother Anjanabai Gavit and Renuka's husband Kiran Shinde.
Anjana died in custody while Kiran turned an approver.
They used to force children to beg, commit petty thefts and pick-pocketing. The children were starved, to force them to commit crimes. After having sufficiently used the children in crime, they banged their heads against walls and killed them.
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