MP HC commutes death sentence of tribal youth in child rape case, citing lack of 'brutality', mitigating background
The decision was delivered by a division bench comprising Justices Vivek Agarwal and Devnarayan Mishra, who observed that while the act was undeniably brutal, it did not meet the threshold of "brutality" required for the death penalty under the "rarest of rare" doctrine.
The case involved the convict, a 20-year-old from a Scheduled Tribe, who was found guilty by a trial court under Section 307 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), and sentenced to death.
According to the prosecution, the convict entered the complainant's hut under the pretext of requesting a cot to sleep on, and later abducted and raped the minor victim from a nearby house during the night. He then left her in an unconscious state in a mango orchard, believing her to be dead.
The High Court, while acknowledging the horrifying nature of the crime, noted: 'No doubt that appellant's act was brutal as he has committed rape upon the victim of four years and three months of age and after committing rape also throttled her treating her dead and thrown the victim in such a place where she could not be searched and left the spot but it is also clear that he has not committed brutality,' distinguishing between barbaric acts and acts of extreme cruelty or depravity.
The bench considered several mitigating factors in its decision. The convict was described as an uneducated youth from a tribal community, whose parents never tried to educate or properly care for him. He left his home at an early age and was working in a roadside eatery to earn a living.
There was no evidence of prior criminal conduct, and the court found no adverse reports regarding his behaviour. The bench further noted that the environment in which the convict grew up did not provide him with the proper atmosphere to develop.
The High Court affirmed the conviction under Sections 363, 450, 307, and 201 of the IPC, but commuted the death penalty under Section 6 of the POCSO Act to 25 years of rigorous imprisonment with a fine of Rs. 10,000. In default of payment, the convict will serve an additional year of rigorous imprisonment.
The decision reflects the court's view that, despite the gravity of the offence and the young age of the victim, the circumstances of the convict's background and the absence of extreme brutality did not justify the death penalty in this case.
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