'Not Rarest Of Rare Case': Calcutta HC Commutes Convict's Death Sentence In Rape-Murder Of Minor
Last Updated:
However, the court unequivocally upheld the conviction, noting that the evidence established his guilt beyond any reasonable doubt
The Calcutta High Court has commuted the death sentence awarded to a man convicted for the rape and murder of a minor girl, citing his lack of criminal antecedents, stable social conduct, and advanced age of 58 years as mitigating factors.
However, the court unequivocally upheld the conviction, noting that the evidence established his guilt beyond any reasonable doubt.
The division bench of Justice Debangsu Basak and Justice Md Shabbar Rashidi delivered the judgment while deciding the convict's appeal against the trial court's verdict and a reference for confirmation of the death sentence.
Background of the Case
The case stems from a complaint lodged by the victim's uncle, who alleged that on August 8, 2016, he received a call stating that his niece, then working as domestic help at the convict's residence, was seriously ill.
Upon arriving at the convict's house, the uncle and the victim's mother found her dead in a locked bathroom. The body was partially burnt.
Suspecting foul play, the family accused the convict of raping and murdering the girl, and then attempting to destroy the evidence by setting her body on fire.
The trial court convicted the accused under Sections 376(2)(i)(k) (rape), 302 (murder), and 201 (causing disappearance of evidence) of the Indian Penal Code, as well as Section 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act, and awarded him the death penalty.
Senior advocate Kaushik Gupta, representing the convict, challenged the credibility of the circumstantial evidence, arguing that the prosecution had failed to prove the guilt of his client beyond a reasonable doubt.
The senior counsel submitted that the bathroom was locked from the inside and broken open only upon the family's arrival, suggesting possible alternative scenarios. Gupta also argued that the lack of noise or disturbances heard by neighbouring masons raised questions about the prosecution's version.
On the other hand, additional public prosecutor (APP) Debasish Roy maintained that the prosecution had presented a complete and coherent chain of evidence that clearly established the convict's guilt.
The court found merit in the prosecution's case, noting that medical and circumstantial evidence 'safely established" that the victim was subjected to repeated sexual assault and subsequently murdered.
'The chain of circumstances is complete and neatly woven to exclude the intervention of anybody other than the appellant in the commission of the offence," the bench held.
Court's Reasoning on Sentence
While the High Court affirmed the conviction, it commuted the death sentence to life imprisonment, holding that the case did not fall under the 'rarest of rare" category warranting capital punishment.
Referring to settled Supreme Court precedents, the HC noted that the death penalty must only be imposed when the possibility of the convict's reformation is ruled out.
The convict, a 58-year-old former labourer, had no history of criminal behaviour or psychological instability. 'The convict is not reported with any criminal antecedent or unstable social behaviour in the past… there was no history of mental or psychological illness reported against him," the bench stated.
Additionally, the court found no evidence suggesting prior enmity between the victim and the convict or between their families. It observed that the convict's wife, being a working woman, may have allowed the accused the opportunity to exploit the victim's vulnerability.
In its judgment, the court said, 'In an anxiety to get off with the consequences [of the assault], the convict killed the victim and set the dead body on fire with a view to cause disappearance of evidence of crime."
Yet, it concluded that these circumstances, although egregious, were not sufficient to deny the possibility of reformation.
Upholding the conviction but modifying the sentence, the High Court ordered that the convict serve life imprisonment for the offences under IPC and POCSO, and accordingly disposed of the appeal and the death reference.
Get breaking news, in-depth analysis, and expert perspectives on everything from politics to crime and society. Stay informed with the latest India news only on News18. Download the News18 App to stay updated!
tags :
Calcutta High Court death penalty minor murder pocso Rape
Location :
New Delhi, India, India
First Published:
June 26, 2025, 22:13 IST
News india 'Not Rarest Of Rare Case': Calcutta HC Commutes Convict's Death Sentence In Rape-Murder Of Minor
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Hindu
an hour ago
- The Hindu
Supreme Court orders release of law student from preventive detention under NSA, says ‘wholly untenable'
The Supreme Court has ordered immediate release of a law student in Madhya Pradesh from preventive detention after being booked under the National Security Act (NSA), saying it is "wholly untenable". A Bench of Justices Ujjal Bhuyan and K. Vinod Chandran, which found fault with the July 11, 2024 detention order passed by District Magistrate of Betul in Madhya Pradesh, said it will be passing a detailed reasoned order in the case. Petitioner Annu was booked by police following an altercation at a university campus in Betul, allegedly after he clashed with a professor. An FIR was lodged against him for offences of attempt to murder and other connected offences. While in jail, a detention order under provisions of the NSA was issued against him. This order was later confirmed and extended every three months since then. "After perusal of the first detention order dated July 11, 2024, we find that the appellant has been taken into preventive detention under Section 3(2) of the National Security Act, 1980. However, we are of the view that the reasons for which he has been taken into preventive detention does not satisfy the requirement of Sub Section(2) of Section 3 of the National Security Act, 1980. Preventive detention of the appellant, therefore, becomes wholly untenable," the Supreme Court bench said in its order passed on Friday (June 27, 2025). The Bench said the preventive detention has also become untenable for other grounds as well, such as representation of the appellant (law student) being decided by the District Collector himself, without forwarding it to the State government and also not taken into account the factum of appellant's detention in other criminal cases and as to why he was required to be taken into preventive detention, in spite of being detained in a regular criminal proceeding. "Thus, looking into the facts and circumstances of the case, we direct that the appellant, who is presently lodged in the Central Jail at Bhopal, shall be released forthwith from custody, if not required in any other criminal case. In view of the above, the criminal appeal is disposed of. Reasoned order will follow," the Bench said. It noted that Mr. Annu alias Aniket, who was a law student, was first taken into preventive detention by order dated July 11, 2024, and this detention order has been extended on four occasions and as per the last extension order, his preventive detention is up to July 12, 2025. The Bench said that according to the material brought on record by the State government, the court finds that nine criminal antecedents, including the present criminal case, have been cited against the law student to justify the preventive detention under provisions of the National Security Act, 1980. However, his counsel has submitted that out of the previous eight cases, Mr. Annu has been acquitted in five cases and in one case, he has been convicted, but sentence is only imposition of fine. The court was informed that the remaining two cases are presently pending and the law student was on bail in those matters. The top court also noted that in the present criminal case registered against him last year, he was granted bail on January 28, 2025. "The scenario, which thus emerges, is that the appellant continues to remain in custody only by virtue of the order of preventive detention. It is averred that the appellant is lodged in Central Jail, Bhopal," the Bench noted. On February 25, the Madhya Pradesh High Court dismissed the habeas corpus petition filed by Mr. Annu's father, observing that the petitioner had a long history of criminal cases and was a habitual offender whose presence posed a threat to public peace. The High Court cited the preventive nature of NSA detention and upheld the subjective satisfaction of the district magistrate as sufficient.
Hans India
an hour ago
- Hans India
ULFA-I linkman arrested by Assam Police
Guwahati: Assam Police on Saturday arrested one person on the charges of working as a linkman to the banned outfit United Liberation Front of Asom (Independent), officials said. The arrested person has been identified as Shibanan Saikia. Saikia was arrested by police from a tea factory in the Charaideo district. A senior police official said, "We have kept a close watch on Saikia's activity. He has been working as a linkman to the militant outfit ULFA-I. We have taken him into custody in a joint operation with the Central Reserve Police Force (CRPF). Saikia will be interrogated to unearth further links with ULFA-I." Recently, the National Investigation Agency (NIA) has filed a chargesheet against three individuals associated with the banned insurgent group ULFA-I for their alleged involvement in planting improvised explosive devices (IEDs) in Guwahati during the 2024 Independence Day celebrations. The accused -- Paresh Baruah, Abhijit Gogoi, and Jahnu Boruah -- have been charged under the Bharatiya Nyaya Sanhita (BNS), Unlawful Activities (Prevention) Act, and the Explosive Substances Act. The charges were filed on Friday after an extensive investigation into the terror plot aimed at destabilising the region and spreading panic among the public, the NIA said in a statement on Saturday. According to the NIA, the trio was linked to an IED planted at Dispur Last Gate, Guwahati, in what was part of a larger ULFA-I conspiracy to execute multiple IED blasts across Assam. The group aimed to disrupt Independence Day celebrations and instil fear through coordinated acts of terror. "The trio were found linked with the IED planted by the terror outfit at Dispur Last Gate, Guwahati, Assam, as part of the ULFA (I) conspiracy to trigger multiple IED blasts across Assam, including at Dispur Last Gate, to disrupt the I-Day celebrations last year," the NIA stated. The NIA had taken over the case in September 2024. Its investigation found that the planted IEDs were intended to cause death, injuries, and property damage, with the broader objective of threatening India's unity, integrity, security, and sovereignty. "The IEDs had been planted to cause death/injuries to persons and/or loss/damage/destruction to property, with the intent to threaten the unity, integrity, security and sovereignty of India, and to strike terror among the people of the country," the NIA added. Further investigations into the case are currently ongoing.
Time of India
an hour ago
- Time of India
ISI hires minor: Juvenile among 3 arrested, as cops bust Babbar Khalsa module in Amritsar
1 2 Mohali: A 17-year-old boy is among three people to have been arrested in Amritsar after Punjab Police busted a terror module being run by banned outfit Babbar Khalsa International (BKI) and being backed by Pakistan's ISI, said Punjab director general of police (DGP) Gaurav Yadav on Friday. The state special operation cell (SSOC) of Punjab Police busted the module that was active in Amritsar and was intended to carry out targeted killings and attacks on police assets, as had been seen in grenade attacks at police stations along Punjab's border belt. Police have seized two hand grenades, a 9MM Glock pistol, and live cartridges from the trio. Yadav said the BKI module was being operated by a UK-based handler, Nishan Singh, under the directions of designated terrorist Harwinder Singh Rinda. Sehajpal Singh and Vikramjit Singh, both residents of Ramdas in Amritsar, were the adults who were arrested in the operation was led by SSOC, Mohali, based on specific intelligence inputs. "The recovery of high-grade explosives and a sophisticated firearm indicates a major tragedy was averted. This is a big blow to terror outfits looking to destabilise peace in Punjab," said Yadav, adding that investigations were ongoing and more arrests and recoveries were expected. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Giao dịch vàng CFDs với sàn môi giới tin cậy IC Markets Tìm hiểu thêm Undo SSOC AIG Ravjot Grewal, while briefing the media, revealed that the operatives were tasked with retrieving and transporting explosives. During interrogation, Sehajpal disclosed he had been working under the directions of Lovepreet Singh alias Love, a BKI associate lodged in Ferozepur jail. Lovepreet, facing multiple cases under the Unlawful Activities (Prevention) Act (UAPA), Explosive Substances Act, and attempt to murder, is alleged to have orchestrated the retrieval of arms and explosives through his operatives. He has now been brought to SSOC, Mohali, on a production warrant. "The hand grenades were to be used in a targeted explosion, with exact timing and location to be conveyed later by handlers abroad. The Glock pistol was to be used for targeted killings of rival gang members," said Grewal. A case has been registered at SSOC police station, Mohali under relevant sections of the Arms Act (25(1)(B), 25(7)) and the Explosives Act (Sections 3, 4, and 5). The juvenile has been apprehended and will be dealt with according to juvenile justice provisions. Police said they are working to unravel the forward and backward linkages, particularly with operatives abroad, in what they described as a well-coordinated and multi-layered terror plot aimed at creating unrest in Punjab.
