HC commutes death sentence of two in kidnap, murder case

The Bombay High Court today commuted the death penalty awarded to two persons for murdering and kidnapping a minor boy in 2004 and sentenced them to 30 years in jail.
The duo - Nihaal Raees Shaikh (33) and Rafiq Mohammed Sayyed (31) - were awarded death penalty by a Thane sessions court for kidnapping a three-and-a-half year old boy Nitesh Wadhwa from Vashi in Navi Mumbai on Apil 26, 2004.
A division bench of Justices V M Kanade and P D Kode today observed that the maximum punishment of death is not attracted in this case.
"After perusing the evidence we do not think that the case falls under the rarest of rare category. However, we also feel that the minimum sentence of life imprisonment is not enough. Hence we order the two accused to be sentenced to 30 years' rigorous imprisonment," the bench said.

It also imposed a fine of Rs 5,000 on each of the convicts.
According to prosecution, Nitesh, the son of an electronics shop owner, was kidnapped by the duo from a play ground near his residence in Vashi's sector 8. The duo thought the boy was from a rich and affluent family.

However, they later learnt that the boy's father had approached the police and fearing that they would be caught they stoned Nitesh to death and threw his body in a creek.
The duo had then made ransom calls to the boy's father and demanded Rs 15 lakh in return of the child. Later, the ransom demand was lowered to Rs five lakh and the victim's father was asked to pay the said amount on May 14.

The police laid a trap on the said day and caught Raees. Sayyed was arrested later.