In case of rape and murder of a three-year-old girl in Surat, the Supreme Court on Thursday stayed the hanging of Anil Surendrasingh Yadav who was sentenced to death for raping and murdering. Yadav was sentenced to death by a Surat court under Protection of Children from Sexual Offences Act (POCSO). The Gujarat high court upheld the order in December 2019.The Surat court had issued a death warrant to hang the accused on February 29. He was sentenced to death for rape and murder of a toddler in October 2018.
After which the accused Anil Yadav had approached the Gujarat High Court but he was not relieved from there too, after which Yadav moved the Supreme Court. Yadav was sentenced to death in October 2018. Yadav has stated that a death warrant cannot be issued before all legal remedies are over.
Senior advocate Aparajitha Singh said that Yadav has 60 days to file an appeal in the Supreme Court and death warrants cannot be issued before that. The Chief Justice agreed that despite the Supreme Court’s decision, death warrants were being issued, stating that the death warrant would not be issued before all legal remedies had ended. How can a judge pass such order? Judicial process cannot be like this.
What is the whole matter
Death session has been issued by the session court of Anil Yadav, convicted of raping and murdering an innocent three year old in Limbayat, Surat. After which he challenged the decision of the Session Court in Gujarat High Court, but his petition was rejected by the High Court. At 4.39 am on February 29, accused Anil was about to be hanged, but now the Supreme Court has stayed the hanging.