Supreme Court (Photo Credit: FIle Image)
The Supreme Court on Thursday stayed the death warrant issued by a Gujarat court in the execution of a 22-year-old man convicted in the rape and murder of a three-year-old toddler in Surat in 2018. The death warrant was stayed by a bench headed by Chief Justice SA Bobde and comprising Justices BR Gavai and Surya Kant.
A Surat court had ordered Anil Yadav's hanging on February 29. He was sentenced to death for rape and murder of a toddler in October 2018. Anil Surendra Yadav had challenged his hanging before the Supreme Court, arguing that a death warrant can't be issued before all legal remedies are exhausted.
A Special Court in Surat convicted him of the crime after examining over 30 witnesses, and on the basis on medical and circumstantial evidence. In December last year, the Gujarat High Court upheld the death penalty awarded to Yadav in the case. The top court also issued notice on the matter. The Supreme Court queried the state counsel as to how could an order of this kind be passed despite a reported order of the Supreme Court on a similar issue in the Amroha murder case.
According to the law, a challenge against a death sentence could be filed within 60 days. However, in this case, the death warrant was issued merely 33 days after the high court's order.