On 11th November, the Amreli Sessions Court sentenced three individuals to life imprisonment in a 2023 cow slaughter case. The convicts have been identified as Kasim Haji Solanki, Sattar Ismail Solanki and Akram Haji Solanki. In the judgment, the court noted that despite being aware that the cow is a sacred animal for Hindus, all three committed cow slaughter and hurt the sentiments of the community.
What is the matter?
The incident occurred in November 2023 when Amreli City Police raided a house in the Motakhatkiwad area of Baharpara village following a tip-off. The police recovered 40 kg of animal meat during the raid. The house belonged to a man named Kasim Haji Solanki, who was present at the house. The meat was sent for forensic examination and the FSL report confirmed that it was cow meat. Along with this, weighing scales and other items were also found in Kasim’s possession, indicating that he was also selling cow meat.
During interrogation, he named two other associates who had managed to escape following the raid. They were later arrested by the police. Following the arrest, a case was registered against all three at the Amreli City Police Station. The first hearing of the case happened at Amreli Sessions Court in 2024. Following the trial in the Sessions Court, the court of Principal District Judge Rizwana Bukhari convicted all three accused and sentenced them to life imprisonment.
What did the court say?
In the judgment, the court held that the convicts knew that the cow is considered a sacred animal in the Hindu religion. Still, they slaughtered the cow and the meat was recovered from them. Therefore, offences under Sections 295 (destroying objects considered sacred by a community with the intention of insulting another religion) and 429 (animal killing) of the Indian Penal Code (IPC) were established.
Furthermore, the court also convicted all of them under Sections 5, 6(c), 8(2), 8(4) and 10 of the Gujarat Animal Preservation Act, 1954.
The court awarded all of them life imprisonment and a fine of five lakh rupees for violation of Sections 8(2) and 10 of the said Act. Apart from this, the sentence includes three years’ imprisonment and a fine of three thousand rupees for offences under IPC 295 and 114, five years’ imprisonment and a fine of five thousand rupees for violation of IPC 429, and seven years’ imprisonment and a fine of one lakh rupees for violation of Sections 5 and 8(4) of the Gujarat Animal Preservation Act, 1954. All sentences are to run concurrently. In addition, since all the accused were out on bail, an order has been issued to send them back to jail.
Court rejected the claims of police framing
During the trial, the accused claimed innocence and alleged that they had been falsely implicated by the police. It was argued that the police had not prepared the panchnama in the presence of any independent witness and that the witnesses were all police personnel. The defence also accused the police of conducting a one-sided investigation.
However, the court held in its judgment that, as per law, the testimony of police witnesses carries the same weight as that of other witnesses, and there is no rule requiring corroboration by independent witnesses. The court also noted that there was no reason to distrust the police in this case, and the accused failed to present any such evidence.
Additionally, the court considered reports from the veterinary doctor and FSL scientists, who clearly stated that the meat was cow meat. On the other hand, the accused could not satisfactorily explain how the cow meat came into their possession. Based on material available on record and statements of other witnesses, it was clear that all three had jointly slaughtered cattle and committed the act with the intention of selling cow meat.
‘If the court adopts a lenient approach, it will have adverse effects on society’
While pronouncing the sentence of life imprisonment, the court said that although the court should not adopt an excessively harsh approach when determining the quantum of punishment, the fact cannot be ignored that adopting a lenient approach may have adverse effects on society and on the criminal mindset of the accused. Subsequently, all three were sentenced to life imprisonment.
This report was first published in OpIndia Gujarati. Original report can be checked here.