Rape-Murder Of 3-Yr-Old Girl | 'Chances Of Reformation Of Accused Not Ruled Out': Allahabad HC Commutes Death Penalty To 30-Yr Jail Sans Remission

The Allahabad High Court has commuted the death sentence of a man, who had brutally raped and killed a three-year-old girl in Uttar Pradesh in October 2021, to a fixed-term sentence of 30 years without any benefit of remission.

Considering the age of the accused (25 years at the time of the incident) along with his marital status, the bench comprising Justice Ashwani Kumar Mishra and Justice Syed Aftab Husain Rizvi found it appropriate to commute his death sentence.

This decision was influenced by the fact that there was no prior criminal history to his name and the absence of any previous convictions and therefore, the Court opined that "chances of his reformation cannot be ruled out".

"This capital criminal appeal is partly allowed. The conviction of the accused-appellant is sustained. However, the sentence of death penalty is commuted to the fixed term sentence for a period of 30 years without any benefit of remission. However, the fine and the default sentence imposed by the trial court is maintained," the operative portion of the Court's judgment reads.

The case in brief

The accused had been found guilty of enticing the victim, a 3-year-old girl, away, taking her to his room and brutally committing her murder after sexually assaulting her and concealing her dead body. The dead body was later found wrapped in a cloth bedding inside the room of the accused.

The trial court has imposed the maximum sentence of the death penalty under Section 6 of The Protection of Children From Sexual Offences Act and 302 I.P.C. with a fine and default sentence after finding sufficient evidence regarding the accused's involvement in sexually assaulting and thereafter, murdering the 3-year-old girl child.

On his appeal against conviction, the High Court took into account the fact that the following circumstances were proved by the prosecution:

1) The accused with evil intentions was attempting to lure the victim and took her before the incident showing his ill intention;

2) The dead body of the victim was found in the room occupied by the accused, and at that time the accused was also present in the room, bolting it from inside, and it was forcibly opened.

3) The postmortem report confirms that the victim was subjected to brutal sexual assault. She received several injuries on her body including her private parts, and her death has occurred due to smothering.

4) Forensic examination report confirms that the offence has been committed by the accused. The DNA of the accused from his blood sample matches with DNA profile from the anal swab of the victim collected during postmortem.

Against this backdrop, the Court concluded that a complete chain of circumstances was established from the other evidence on record which proved the guilt of the accused and excluded his innocence or involvement of any other person in the incident. The Court further added that the prosecution evidence was consistent and reliable except for evidence of the last seen.

Regarding the quantum of sentence, the Court observed that the imposition of appropriate punishment is how the Court respond to the society's cry for justice against the criminals. Justice demands that Courts should impose punishment befitting the crime so that the Courts reflect public abhorrence of the crime.

Regarding the aggravating circumstances, the Court noted that the victim was an innocent and helpless child of tender age who had been subjected to brutal sexual assault and done to death in the process of satisfying the lust of the accused. The offence is of a very heinous nature and committed in a gruesome manner.

On the other hand, considering the mitigating circumstances in the case, the Court referred to the age of the accused (25 years) and his status of being married, having a child. The Court also factored into account the fact that there was neither any criminal history to the credit of the appellant-accused nor he is a previous convict so chances of his reformation cannot be ruled out.

Importantly, the Court also referred to the Supreme Court's 2023 judgment in the case of Kashi Nath Singh alias Kallu Singh Versus State of Jharkhand, wherein a 14 year old girl was subjected to rape and murder in a brutal manner and the death penalty was imposed by the trial court, which was commuted to a sentence of life imprisonment for the whole of biological life without any benefit of remission by the High Court.

However, in the appeal, the Supreme Court modified his sentence to a fixed term sentence for a period of 30 years without any benefit of remission, considering the fact that the appellant was 26 years of age and there may be chances of his reformation.

Given the principle applied by the apex court and considering the totality of facts and circumstances of the present case, the High Court, in the instant case, opined that a fixed-term sentence for a period of 30 years without any benefit of remission will serve the purpose of justice.

With this, the capital criminal appeal is partly allowed.

Case title - Dinesh Paswan vs. State of U.P. 2024 LiveLaw (AB) 111 [CAPITAL CASE No. - 4 of 2022 With Reference No.4 of 2022]

Case Citation: 2024 LiveLaw (AB) 111

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