'Life is precious': HC commutes death sentence in child assault-murder case

Madhya Pradesh High Court commuted a death sentence to life imprisonment, saying the convict's 'social ostracisation' and 'lack of prior criminal record' did not warrant the 'rarest of rare' penalty

The Madhya Pradesh High Court has commuted the death sentence of a man convicted of sexually assaulting and murdering a two-year-old child, sentencing him to life imprisonment with a minimum of 25 years without remission.

 

A division Bench of Justices Vivek Agarwal and Avanindra Kumar Singh said the case did not meet the threshold for the “rarest of rare” category warranting capital punishment.

 

The Bench took into account that the convict had been "socially ostracised" after marrying outside his caste. It said he had been “treated as an outcast in society” and there was no evidence to suggest that he was a professional or habitual offender or posed a continuing threat to society.

 

 

The court also cited the principle that “human life is a precious gift of God”, saying life should not be taken away lightly.

 

Among the circumstances considered by the Bench were the convict's rural and economically weaker background, his family responsibilities and his conduct during incarceration. A report from the Assistant Superintendent of Sub-Jail, Budhar, said he had not committed any act of indiscipline while in custody.

 

The court also said the possibility of his reformation or rehabilitation could not be ruled out, particularly given his age of 32 years and the absence of previous criminal antecedents.

 

The Bench also flagged gaps in the prosecution case. It noted that while the DNA report showed that the child’s lower garment recovered from the convict’s house matched the victim’s source swabs, no male DNA profile was found on the relevant articles.

 

The court further noted that the convict’s minor daughter, who allegedly witnessed him slapping and throwing the child to the floor, was not examined during the trial. The Bench described her as the “best witness” who could have provided greater clarity on how the incident occurred.

 

However, the court upheld his conviction for sexual assault, murder, concealment of evidence and criminal intimidation.

 

The child, who was barely 2 years and 5 months old, had been left in the convict's custody while her mother went to collect coal. The mother later found the child with a skull fracture and injuries indicating sexual assault. The child died while undergoing treatment at a local hospital.