Case Note & Summary
The case involved an appeal against the death sentence awarded to the appellant for the rape and murder of a five-year-old girl. The incident occurred on the night of October 4, 2003, during a local religious gathering in Agra, where the accused lured the victim away under the pretext of giving her a balloon. Witnesses observed the accused in a compromising position with the victim, leading to her being found unconscious with severe injuries. Medical examinations confirmed the brutal nature of the assault, including the insertion of a wooden stick into her vagina, which ultimately caused her death. The trial court convicted the appellant based on the testimonies of several eyewitnesses and the medical evidence presented. The High Court upheld the conviction and the death sentence, noting the absence of any reasonable doubt regarding the appellant's guilt. The Supreme Court, upon reviewing the case, reiterated the principles governing circumstantial evidence and the standards required for imposing the death penalty. The court concluded that the nature of the crime was exceptionally brutal and warranted the maximum punishment to serve as a deterrent. The appeal was dismissed, affirming the lower courts' decisions.
Headnote
A) Criminal Law - Death Penalty - Justification for Death Sentence - Indian Penal Code, 1860, Sections 302, 376 - The court held that the depraved acts of the accused warranted the death penalty as the case fell within the rarest of rare category due to the heinous nature of the crime committed against a five-year-old girl. The court emphasized the need for a strong deterrent against such brutal acts to maintain public confidence in the justice system (Paras 38-39).
Issue of Consideration
Whether the death sentence imposed on the appellant for the rape and murder of a minor was justified.
Final Decision
The Supreme Court dismissed the appeal, upholding the death sentence imposed by the trial court and confirmed by the High Court, finding the case to fall within the rarest of rare category due to the heinous nature of the crime.
Law Points
- death penalty
- circumstantial evidence
- rape
- murder
- IPC
- evidentiary standards


