Case Note & Summary
The case involves the confirmation of a death sentence and an appeal against conviction for the rape and murder of a two-year-old child. The incident occurred on 11 February 2013, when the accused, Shatrughna Baban Meshram, a relative of the victim's family, took the child from her grandfather under the false pretext that the father had called for her. The grandfather initially resisted but eventually allowed the accused to take the child. When the father returned from a religious function, he found the child missing and, along with the grandfather and another person, searched for her. They discovered the victim lying unconscious at a partially constructed Anganwadi building, with the accused also present at the spot. The child had severe injuries, including bite marks on her lips and cheeks, and swelling on her private parts. She was rushed to a doctor but was declared dead on arrival. The police were informed, and an investigation ensued. The accused was charged under Section 302 IPC, Section 376A IPC, and Section 6 of the POCSO Act. The trial court convicted him and sentenced him to death for the offences under IPC and life imprisonment under POCSO. The High Court, in the confirmation case and the appeal, examined the evidence and found the prosecution's case to be proved beyond reasonable doubt. The court noted the brutal nature of the crime, the vulnerability of the child, and the relationship of trust betrayed by the accused. It held that the case fell within the 'rarest of rare' category, justifying the death sentence. The court confirmed the death sentence and dismissed the appeal.
Headnote
A) Criminal Law - Death Sentence Confirmation - Rarest of Rare Cases - The court considered whether the case falls within the 'rarest of rare' category for imposition of death penalty under Section 302 IPC and Section 376A IPC. The accused, a relative, lured the two-year-old victim from her grandfather, raped and murdered her by inflicting severe injuries including bites. The court held that the brutal and diabolical nature of the crime, coupled with the vulnerability of the child, warranted the death sentence. (Paras 1-30) B) Protection of Children from Sexual Offences Act, 2012 - Aggravated Penetrative Sexual Assault - Section 6 POCSO Act - The accused was convicted under Section 6 of the POCSO Act for aggravated penetrative sexual assault on a child below 12 years. The court upheld the life imprisonment sentence under this section. (Paras 2, 30) C) Indian Penal Code - Rape and Murder - Section 376A IPC and Section 302 IPC - The accused was convicted for rape causing death under Section 376A IPC and murder under Section 302 IPC. The court confirmed the death sentence for both offences, noting the extreme brutality and the helplessness of the victim. (Paras 2, 30)
Issue of Consideration
Whether the death sentence awarded to the accused for the rape and murder of a two-year-old child should be confirmed, and whether the conviction and sentence are sustainable.
Final Decision
The High Court confirmed the death sentence awarded to the accused under Section 302 IPC and Section 376A IPC, and upheld the conviction and sentence under Section 6 POCSO Act. The criminal appeal filed by the accused was dismissed.
Law Points
- Death sentence confirmation
- Rape and murder of minor
- POCSO Act
- Section 376A IPC
- Section 302 IPC
- Rarest of rare cases
