Gujarat High Court Commutes Death Penalty to Life Imprisonment in Minor's Rape-Murder Case
The Gujarat High Court has commuted the death sentence of a convict to life imprisonment in a case involving the rape and murder of a minor girl. The court ruled that the trial court failed to properly assess mitigating circumstances and the possibility of the convict's reformation.
Court's Reasoning on Sentence Commutation
A division bench comprising Justices I J Vora and R T Vachhani delivered the 44-page judgment, stating that the trial court did not prepare a balance sheet of aggravating and mitigating circumstances when awarding the death penalty. The High Court emphasized that it cannot be said with certainty that the convict would be a menace to society in the future.
The bench examined several legal precedents where death sentences were converted to life imprisonment and concluded that the trial court failed to conduct a proper inquiry into mitigating circumstances and the possibility of rehabilitation. The judgment noted that while the crime was heinous and inhuman, this case does not fall into the rarest of rare category warranting capital punishment.
Background of the Case and Original Sentence
The Additional Sessions Court in Valsad had awarded the death sentence to the convict on January 30, 2023, under Section 302 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act. The court also imposed a concurrent sentence of seven years' rigorous imprisonment and a fine of Rs 10,000 for causing the disappearance of evidence.
The crime occurred on February 2, 2020, when the victim, a minor girl, was alone in her family's room in a common chawl after returning from school. The prosecution's case stated that the convict, who worked as a factory laborer and frequently visited his aunt's house in the same chawl for meals, gained forceful entry into the room.
Details of the Crime and Evidence
According to prosecution witnesses, the convict sexually assaulted and raped the minor girl before strangulating her. To conceal the crime, he allegedly increased the volume of the television to mask any sounds of resistance and to avoid interference from third parties. After killing the victim, he placed a scarf around her neck and hung her body from the ceiling fan to make it appear as a suicide.
The prosecution presented substantial evidence including:
- Testimony from 17 witnesses, including one who saw the convict enter the child's room
- A locket belonging to the convict found at the crime scene
- A post-mortem report indicating antemortem injuries in the victim's private parts
High Court's Assessment of the Convict
The High Court considered several factors in its decision to commute the sentence:
- No past criminal record: The convict had no previous criminal antecedents and was not a habitual offender
- Social background: The court noted his social conditions as a factory laborer
- Possibility of reformation: Considering his age, the court ruled that the possibility of reformation and rehabilitation cannot be ruled out
- Lack of future threat assessment: The prosecution failed to provide data showing the convict would commit violent crimes in the future
The judgment was delivered in a criminal confirmation case for the death penalty, which is a mandatory legal process requiring High Court confirmation even without an appeal from the convict. In this instance, the convict had simultaneously appealed against the sentence.
The High Court's decision underscores the judicial requirement for comprehensive assessment of all circumstances before imposing the death penalty, particularly regarding the potential for rehabilitation and the necessity of examining both aggravating and mitigating factors in capital punishment cases.
