In a landmark ruling, the Madhya Pradesh High Court has upheld the death penalty for a man convicted of the horrific rape and murder of a five-year-old girl, describing the act as barbaric and dripping with evidence of cruelty. The court's decision reinforces the stringent application of capital punishment in cases deemed the 'rarest of the rare,' underlining the gravity of crimes against children.
Court's Stern Observations on Barbarity
The bench, comprising Justice Vivek Agarwal and Justice Ramkumar Choubey, was hearing an appeal filed by the convict challenging the death sentence awarded by the trial court. The judges observed that the barbarity of the crime was evident from every piece of evidence, labeling it a 'heinous act of a lusty mind.' They noted that after sexually assaulting the child, the accused muted her breathing and concealed her body in a plastic tank, actions that starkly highlighted the depravity involved.
Legal Framework and Prosecution's Case
The trial had proceeded under provisions of the Bharatiya Nyaya Sanhita (BNS) and the Protection of Children from Sexual Offences (POCSO) Act. The prosecution successfully established the accused's involvement beyond doubt through forensic analysis and DNA tests on seized articles. There was no plausible explanation for the discovery of the victim's body in the accused's flat, further solidifying the case against him.
Arguments and Mitigating Circumstances
Senior advocate Sanjay K Agrawal, representing the accused, argued for a lesser sentence, citing that his client belonged to the labour class, was married with children, and that capital punishment would adversely affect his family. However, public prosecutor Nitin Gupta countered that the nature of the crime, the victim's age, and the robust evidence warranted the death penalty, placing it firmly in the 'rarest of rare' category.
Background of the Tragic Incident
The five-year-old girl went missing on September 24, 2024, prompting her parents to search the locality before filing a missing-person report. Her body was recovered on September 26, 2024, from the accused's flat, where she was found in a white plastic tank in the bathroom, along with blood-stained clothes. Medical reports confirmed sexual assault and fatal injuries in the pelvic region.
Judicial Reasoning and Sentencing Principles
The court emphasized that modern penology in India is reformative, but the death penalty remains reserved for exceptional cases. It assessed the offence from both the offender's and the crime's perspectives, concluding that this case met the stringent criteria for capital punishment. The judgment aims to satisfy the collective conscience of society and ensure justice for the victim, balancing all circumstances without deviating from the trial court's well-reasoned findings.
This ruling underscores the judiciary's commitment to protecting children and delivering justice in the face of heinous crimes, setting a precedent for future cases under India's legal framework.
