The Extreme Punishment May Convey Message To These Predators That It Is Not A Soft State: MP HC Upholds Death Penalty To Youth Accused Of 4-Yr-Old’s Rape-Murder [Read Judgment]

‘This Court has the social responsibility to make the citizen of this country know that law cannot come to the rescue of such person on the basis of humanity.’

Affirming the death sentence awarded to a youth accused of raping a four-year-old girl, the Madhya Pradesh High Court observed that it has the social responsibility to make the citizen of this country know that law cannot come to the rescue of such persons on the basis of humanity.

The extreme punishment may convey a message to these predators that it is not a soft State where the criminals committing such serious crimes may get reprieve in the guise of humanity. The humanity is more in danger in the hands of the persons like the appellant, a bench headed by Chief Justice Hemant Gupta said.

 Vinod alias Rahul Chouhtha was convicted by the trial court for rape and murder of a four-year-old girl. The evidence in this case included a DNA report which according to court, conclusively proves that it is the accused who has violated the victim and then killed her.

Before the high court, the counsel for the accused disputed the evidence including the DNA report. The bench rejected all the contentions and observed that the opinion of an expert is admissible in evidence u/S 293 of the CrPC and therefore, cannot be discarded on the basis of books on medical jurisprudence unless the passages which are sought to be discredited in the opinion of the expert are put to him.

“A DNA report must be accepted as scientifically accurate and is an exact science. It would be a dangerous doctrine to lay down that report of an expert witness could be brushed aside by making reference to some text on that subject without such text being put to the expert. The Court cannot usurp the function of an expert,” the bench said upholding the conviction.

Observing that there is no mitigating factor in this case, the bench said: “The appellant was young unmarried boy aged 22 years at the time of commission of offence but he breached the trust of a girl child of four years when he tempted her by offering biscuit to accompany him to meet her father. He violated her and took her life within 3-4 hours of taking her with him.”

 While affirming the death sentence, the bench said: “It is an act of extreme depravity when the appellant prompted a child of four years whose only fault was that she believed the appellant to be her well-wisher. The crime against the girl child are on rise. The Court has the social responsibility to make the citizen of this country know that law cannot come to the rescue of such person on the basis of humanity. The extreme punishment may convey a message to these predators that it is not a soft State where the criminals committing such serious crimes may get reprieve in the guise of humanity. The humanity is more in danger in the hands of the persons like the appellant. In these circumstances, it is one of the rarest of rare cases where the extreme capital punishment is warranted.”