‘Act brutal but not committed brutally': HC commutes death penalty in child rape case
A division bench, comprising Justices Vivek Agarwal and Devnarayan Mishra, observed in their order on June 19, 'No doubt that appellant's act was brutal as he has committed rape upon the victim of four years and three months of age and after committing rape also throttled her treating her dead and thrown the victim in such a place where she could not be searched and left the spot but it is also clear that he has not committed brutality.'
According to the prosecution, the convict entered the complainant's hut and requested a cot to sleep on. Later that night, he allegedly opened the gate of a nearby house where the victim and her parents was staying, abducted and raped her. Thereafter, he allegedly left the child in an unconscious state in a mango orchard, believing her to be dead.
The High Court was hearing a criminal appeal filed by the convict against a trial court judgment which found him guilty under Section 307 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
The high court acknowledged that the aggravating circumstance of this case was the age of the victim and the convict. The bench stated, 'There are aggravating circumstances that the victim was four years old and the rape was committed upon such a kid and offence was committed in such a way that the private part of the victim was torn and after committing the offence, the victim was thrown in the solitary place treating her that she had died.'
However, the bench also took note of the fact that the convict, aged 20, is uneducated and belongs to the tribal community and his parents never tried to give him education and did not take proper care of him. Therefore, he left his house and was earning, living and working in a restaurant, the court said.
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