"Diabolic & Brutal": Delhi High Court Awards Imprisonment For Remainder Of Life To Three For Gang Rape & Murder Of 3-Yr-Old

The Delhi High Court has awarded life sentence (for remainder of life) to three men for gang rape and murder of a three year old minor child observing that the same was done in a diabolic and brutal manner.

Upholding the conviction of the three, a division bench comprising of Justice Mukta Gupta and Justice Mini Pushkarna exercised its appellate jurisdiction by awarding life sentence under Section 376(2) and 302 of Indian Penal Code. It observed that the imprisonment of life for the remainder of life would be an appropriate sentence in the facts of the case.

The prosecution case was that an FIR was received 6th January, 2012 informing that a dead body of girl aged about 3-4 years was found in city's Ramesh Nagar. The body was found by an MCD sweeper who took it out while cleaning a nala. The same was identified later by minor's father.

The post-mortem examination of the victim showed that she was ravished causing tear and laceration in the hymen and vagina as also perianal area followed by killing her by smothering. Accordingly, the Trial Court awarded the sentence of life imprisonment for the remainder of the natural life to the three accused.

Vide judgment dated 16th October, 2020, the Trial Court had convicted the three men for offences under sec. 376(2) (g), 377, 302 and 201 of IPC.

Special Judge, POCSO had directed them to undergo imprisonment for the rest of their lives for offences punishable under sec. 302 and 376(2) (g) IPC, simple imprisonment for 10 years for offence punishable under sec. 377 IPC, simple imprisonment for 5 years for offence punishable under sec. 201 IPC. Additionally, one of the convicts Jamahir was awarded sentence of imprisonment for 5 years for offence punishable under sec. 363 IPC.

The three convicts thus approached the High Court in appeal.

The question before the High Court was whether in a case where life imprisonment has been awarded by the Trial Court, the High Court in exercise of its appellate jurisdiction can direct that the life imprisonment would be for the remainder of the life or a definite term.

The Court observed that though the Trial Court could not have qualified the imprisonment of life awarded by it to the remainder of the natural life of the convicts, the High Court though setting aside the said order in exercise of its appellate jurisdiction, can award the same sentence on consideration of the facts of the case.

Noting that death sentence was not awarded by the Trial Court, the Court observed that the sentence of life which would ordinarily be up to fourteen years after remissions would be highly inadequate, unjust and unfair to the victim.

"In the present case, the three appellants have been convicted for the gang rape and murder of a minor aged 3 years, thereby brutally mutilating her private parts and smothering her," the Court said.

Hence, it said that imprisonment of life for the remainder of life to the appellants would be an appropriate sentence in the facts of the case.

Thus, upholding the conviction of the appellants, the Court ordered thus:

"Consequently, upholding the conviction of the appellants for the offences punishable under Sections 376(2)(g) IPC, 302 IPC, 377 IPC and 201 IPC, and of appellant Jamahir for offence punishable under Section 363 IPC, though the order on sentence to the extent it directs the appellants to undergo imprisonment for the remainder of life as passed by the learned Trial Court is set aside for offences punishable under Sections 376(2) and 302 IPC, however, in exercise of its appellate jurisdiction and in view of diabolic and brutal manner in which rape with murder of a three year old child was committed, this Court deems it fit to award the same sentence i.e. remainder of the life for offences punishable under Sections 376(2) and 302 IPC. The sentence of simple imprisonment for 10 years for offence punishable under Section 377 IPC to all the appellants and imprisonment for 5 years to the appellant Jamahir for offence punishable under Section 363 IPC along with the fine imposed and the default sentences is upheld."

The appeals were accordingly disposed of. 

Case Title: JAMAHIR ALIAS JAWAHAR v. THE STATE GOVT OF NCT OF DELHI

Citation: 2022 LiveLaw (Del) 547 

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