Death Penalty in Child Rape and Murder Case By Madhya Pradesh High Court
The Madhya Pradesh High Court has upheld the death sentence awarded to a man convicted of the rape and murder of a five-year-old girl, observing that the crime displayed extreme brutality and squarely fell within the category of the “rarest of rare” cases. The Court ruled that the horrifying nature of the offence left no scope for reduction of sentence.
The judgment was delivered by a Division Bench comprising Justice Ramkumar Choubey and Justice Vivek Agarwal, which dismissed the criminal appeal filed by the convict, Atul Nihale. The Bench affirmed the sentence imposed earlier by the Special Court constituted under the Protection of Children from Sexual Offences (POCSO) Act.
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Background of the Case
As per the prosecution case, the minor girl went missing from her locality in Bhopal. Despite extensive search efforts, she could not be traced immediately. Two days later, her body was recovered from a water storage tank located inside a residential premises connected to the accused.
The investigation revealed that the child had been subjected to extreme sexual violence before being murdered. Medical evidence pointed to severe internal injuries, clearly indicating aggravated sexual assault. The prosecution relied heavily on forensic findings, including DNA evidence, which conclusively linked the accused to the crime.
Overwhelming Evidence Against the Accused
The High Court noted that the prosecution had successfully established a complete and unbroken chain of circumstances proving the guilt of the accused beyond reasonable doubt. The Bench rejected the defence arguments challenging the reliability of circumstantial and forensic evidence, observing that the material on record left no room for doubt.
The Court observed that the conduct of the accused before and after the crime further strengthened the prosecution case, demonstrating a deliberate attempt to conceal the offence.
Court’s Strong Observations on the Crime
While confirming the death sentence, the High Court made scathing remarks on the barbaric nature of the offence. The Bench stated:
“Use of knife inside the vagina to enlarge it for easing penetration on an infant girl is a barbarous act of lusty mind. One can imagine the plight of deceased girl child when she was sexually penetrated and how in parts she would have breathed her last feeling the excruciating pain in the state of helplessness.”
The Court emphasized that such acts reflect a complete erosion of human values and dignity, especially when committed against a helpless child.
Application of the ‘Rarest of Rare’ Principle
Reiterating the principles governing capital punishment, the High Court held that the sentencing court had rightly applied the “rarest of rare” doctrine. The Bench noted that there were no mitigating circumstances that could justify a lesser punishment, considering the age of the victim and the manner in which the crime was executed.
The Court observed that the offence not only shocked the conscience of society but also demanded the severest punishment to uphold the rule of law and deter similar crimes in the future.
Legal Significance of the Judgment
The ruling reinforces the judiciary’s firm stance against heinous crimes involving sexual violence against children. It underscores the strict application of the POCSO Act in cases involving aggravated sexual assault leading to death and highlights the importance of forensic evidence in securing convictions.
Legal observers believe the judgment will serve as an important precedent in sentencing jurisprudence relating to crimes against minors.
CASE TITLE: Atul Nihale v The State of Madhya Pradesh
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