HC commutes death sentence to life imprisonment for 5-year-old girl's rape and murder
Chandigarh (The Uttam Hindu): The Punjab and Haryana High Court has delivered a significant verdict in the case of the rape and murder of a five-year-old girl in Haryana's Palwal district. The court has commuted the death sentence (hanging) of the accused to life imprisonment. Additionally, the court, showing sensitivity towards the victim's family, has increased the fine to ₹3 million. The court has directed that this entire amount be distributed equally among the victim's parents and siblings as compensation. The court stated that the purpose of the justice system is not only to punish, but also to provide every possible relief to the victim's family.
A bench of Justices Anup Chitkara and Sukhwinder Kaur delivered this verdict after hearing the trial court's death reference and the convict's appeal. A particularly shocking and humane aspect of this case involved the convict's mother. The bench acquitted the convict's mother, who had been sentenced to seven years in prison by the lower court for destroying evidence and supporting her son. The High Court remarked that the woman was merely trying to save her "princely son." In Indian society, mothers often harbor blind affection for their sons, so she cannot be punished under the Indian Penal Code (IPC) simply for trying to save her son.
Considering the gravity of the incident, the court held that the murder was not premeditated, but rather a panic-induced attempt to destroy evidence of the rape. In this horrific incident, which occurred on May 31, 2018, the accused, who worked for the girl's father, took the girl to his home. There, he raped her and then stabbed her to death with a kitchen knife. He later hid the body in a flour drum.
The High Court acknowledged that the prosecution had established a strong evidence base. Villagers had seen the accused lead the girl by the hand, and DNA tests matched the bloodstains found on the body and the drum. However, in deciding the sentence, the High Court cited Supreme Court decisions and stated that capital punishment would not be appropriate in this case. For the safety of society, life imprisonment and isolation of the accused was the most appropriate punishment.