Sentencing in woman cop murder case postponed to April 21 by Panvel court

NAVI MUMBAI: The sentencing in the murder case of API Ashwini Bidre-Gore, involving the convicted key accused, suspended police inspector Abhay Kurundkar, and two others, Kundan Bhandari and Mahesh Phalnikar, has been postponed to April 21 at 11 am by the Panvel sessions court. Additional Judge KG Paldewar announced the new date on Friday after hearing arguments from Special Public Prosecutor (PP) Pradip Gharat and defense lawyer Vishal Bhanushali, who represents the accused.
Special PP Gharat argued for the death sentence for the key accused, Abhay Kurundkar, claiming that the gruesome murder falls under the rarest of rare category. He also sought maximum punishment for the other two accused, Bhandari and Phalnikar, as they assisted Kurundkar in disposing of the victim's dismembered body parts. In contrast, defense lawyer Bhanushali cited the doctrine of residual doubt in rarest of rare category murder cases and opposed the death sentence for Kurundkar.
Special PP Pradip Gharat stated, "Since the accused was already found guilty, I argued for the maximum punishment, which is a death sentence. To decide between death or life imprisonment, the court must consider the incriminating factors and mitigating circumstances. In this case, the incriminating factors outweigh the mitigating circumstances, making it a fit case for the death sentence. The offence was committed in a cruel, ghastly, and diabolic manner by dismembering the deceased. No mitigating factors, such as the accused being of tender age or old age, are present. Hence, capital punishment should be awarded as the community's conscience has been shaken by such a ghastly murder. The accused, being a police officer, had the responsibility to maintain law and order. By committing the murder, he not only committed an offence against a helpless woman but also murdered the public's faith and trust in the police."
Defense lawyer Vishal Bhanushali said, "During the sentencing hearing, the prosecution sought the death penalty for my client, Abhay Kurundkar. However, we strongly opposed this request based on key points. Firstly, the evidence against Kurundkar is entirely circumstantial and not unimpeachable. There is significant room for doubt, particularly in cases of circumstantial evidence, as per the legal principle relevant in capital punishment cases."
Bhanushali added, "We also argued for reform and rehabilitation, emphasising that every individual, regardless of the offence, deserves a chance for change. Finally, we urged the court to consider the principle of the 'rarest of rare' cases when applying the death penalty, as we believe this case does not meet such exceptional criteria. We asked the court for mercy and fair consideration based on these factors."
Special PP Pradip Gharat mentioned, "The key accused Kurundkar and his aides Bhandari and Phalnikar were convicted, while one accused, Raju Patil, was acquitted for lack of evidence during the hearing on April 5. Judge Paldewar scheduled the sentencing of the convicted accused on April 11 at 3 pm to record the statements of the victim's daughter and father, as they were the actual victims, having lost their mother and daughter, respectively. After recording their statements to decide the quantum of compensation, the sentencing will be concluded. On Friday, murder victim Ashwini Bidre-Gore's daughter, Suchi alias Siddhi (15), and Bidre's father, Jaykumar Bidre, an ex-military personnel, along with Bidre's brother, Anand Bidre, gave statements before the court. Suchi told the judge that she has suffered greatly since losing her mother at the age of six. She also demanded the death sentence for Kurundkar and expressed her loss of trust in the police department due to some errant officers not cooperating in probing her mother's murder."
PP Gharat stated, "Raju Gore, the estranged husband of Ashwini Bidre, told the court that his daughter Suchi doesn't require monetary compensation from the convicted accused Kurundkar. However, he demanded that for his daughter Suchi's academic prospects, the state govt should provide monetary compensation, considering the salary earned by Ashwini Bidre-Gore."