'Poor Labourer' : Supreme Court Reduces Fine Amount From Rs 2 Lakhs To Rs 50K For Rape-Murder Convict; Upholds Life Sentence

A Bench of Justices Ravindra Bhat and Dipankar Datta noted that the convict came from a financially strapped background. While partially allowing the murder convict’s SLP, the bench observed,

"While we are aware that the offences committed are extremely heinous in nature, we note that the appellant is a poor daily wage labourer. We, therefore, modify the fine amount [imposed in respect of the Section 376 IPC] from Rs 2,00,000 to Rs. 50,000. Likewise, the default sentence is reduced from three years to one year SI.”

"Apart from the above modification, the conviction and sentence concurrently upheld, are not disturbed”, the Bench further clarified.

The petitioner was accused of sexually assaulting a 4-year-old girl and then murdering her in 2012. He then dumped her body under a construction site, after covering her face with an empty cement bag. An FIR was registered under various sections of the Indian Penal Code and Section 8 (2) of the Goa Children's Act, 2003 [Punishment and fine for child abuse]. The trial of the case was conducted by the Special Children's Court rather than the Sessions Court, even though the petitioner had raised his objections. He was convicted shortly. After his challenge against the conviction order before the High Court was unsuccessful, he moved the Top Court.

The petition pointed that the convict was in no position to pay the fine amount of Rs 2 lakhs as he is very poor and has been in jail for over 10 years. The SLP also contended that the Special Court is not competent to try IPC offences. So, as the trial conducted by the Court was without jurisdiction, the petitioner deserves to be acquitted, it was pleaded.

Advocates Jai Wadhwa and Sushil Balwada appeared for the murder convict.

Case Title: Deepak Kumar vs State of Goa