HC upholds death penalty to rapist

Observing that the extreme punishment may convey a message to predators (rapists) that they cannot get reprieve in the guise of humanity the high court’s principal bench at Jabalpur upheld on Wednesday a death penalty awarded to a 23-year-old rapist who had killed his victim too.

The division bench of chief justice justice Hemant Gupta and justice Vijay Kumar Shukla said, “It is an act of extreme depravity when the appellant prompted a young child whose only fault was that she believed the appellant to be her well-wisher. The crimes against the girl child are on rise, therefore, extreme punishment may deter the other criminals indulging in such crime.”

The bench said, “The extreme punishment may convey a message to these predators that it is not a soft state where the criminals committing such serious crimes may get reprieve in the guise of humanity. The humanity is more in danger in the hands of the persons like the appellant. Therefore, we find that the capital punishment awarded to the appellant is one of the rarest of rare cases where the extreme capital punishment is warranted.”

As per copy of the judgment the crime was committed at a village in Shahdol district, 592 kilometers east of Bhopal, on May 13, 2017. The child’s father is a labourer who was out of his house on his routine job when the girl was reported missing from her rented house in the morning. A frantic search for the girl led to no result.

During investigation wife of the landlord told the police that she had seen the accused Vinod alias Rahul Chaudaha taking the girl with him on the pretext of giving her biscuit and chocolate.

After arrest by police the accused confessed to have committed the crime and led the police team to a place where he had buried the girl’s body. Forensic laboratory confirmed the DNA test as positive.

The district and sessions judge, Shahdol convicted the accused and sentenced him to death penalty on February 28, 2018 under sections 302 and 376A of Indian Penal Code (IPC) and section 5/6 of Protection of Children from Sexual Offences Act, 2012

First Published: Aug 09, 2018 17:11 IST

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