MP HC commutes death sentence of man accused of raping minor

The Madhya Pradesh High Court has commuted the death sentence of a man accused of raping a minor to 20 years rigorous imprisonment.

Raj Kumar Kol, charged with kidnapping and raping a five-year-old girl on July 4 this year in Katni district, was awarded the death penalty by a trial court there under Section 376 (AB) of the Indian Penal Code, which deals with punishment for raping a minor below the age of 12.

The MP high court commuted the capital punishment to rigorous imprisonment of 20 years and a fine of Rs 10,000, government advocate Vishal Bhagat said.

He added that the lower court's sentence of two years under Section 366 (kidnapping) of the Indian Penal Code was upheld by the high court.

The two sentences will run separately for a period of 22 years.

A division bench of high corurt comprising Chief Justice Hemant Gupta and Justice Vijay Kumar Shukla Friday observed, "nothing is available on the record to suggest that he cannot be useful for the society".

The high court also said that "nothing has been brought on record by the prosecution that the accused was having any criminal antecedent, and the possibility of his rehabilitation and reformation has also not been ruled out".

Kol had moved the MP HC after being convicted by the Katni court.

Kol, an autorickshaw driver, used to ferry the minor victim to school.