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New Indian Express
a day ago
- New Indian Express
MP HC commutes death sentence of tribal youth in child rape case, citing lack of 'brutality', mitigating background
BHOPAL: The Madhya Pradesh High Court has commuted the death sentence of a 20-year-old tribal man convicted of raping and attempting to kill a four-year-old girl, reducing his punishment to 25 years of rigorous imprisonment. The decision was delivered by a division bench comprising Justices Vivek Agarwal and Devnarayan Mishra, who observed that while the act was undeniably brutal, it did not meet the threshold of "brutality" required for the death penalty under the "rarest of rare" doctrine. The case involved the convict, a 20-year-old from a Scheduled Tribe, who was found guilty by a trial court under Section 307 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), and sentenced to death. According to the prosecution, the convict entered the complainant's hut under the pretext of requesting a cot to sleep on, and later abducted and raped the minor victim from a nearby house during the night. He then left her in an unconscious state in a mango orchard, believing her to be dead. The High Court, while acknowledging the horrifying nature of the crime, noted: '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,' distinguishing between barbaric acts and acts of extreme cruelty or depravity. The bench considered several mitigating factors in its decision. The convict was described as an uneducated youth from a tribal community, whose parents never tried to educate or properly care for him. He left his home at an early age and was working in a roadside eatery to earn a living. There was no evidence of prior criminal conduct, and the court found no adverse reports regarding his behaviour. The bench further noted that the environment in which the convict grew up did not provide him with the proper atmosphere to develop. The High Court affirmed the conviction under Sections 363, 450, 307, and 201 of the IPC, but commuted the death penalty under Section 6 of the POCSO Act to 25 years of rigorous imprisonment with a fine of Rs. 10,000. In default of payment, the convict will serve an additional year of rigorous imprisonment. The decision reflects the court's view that, despite the gravity of the offence and the young age of the victim, the circumstances of the convict's background and the absence of extreme brutality did not justify the death penalty in this case.
Indian Express
a day ago
- Indian Express
‘Act brutal but not committed brutally': HC commutes death penalty in child rape case
The Madhya Pradesh High Court has commuted the death sentence awarded by a trial court to a man convicted of raping a four-year-old minor girl. 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.
Time of India
6 days ago
- Time of India
Lack of evidence: HC acquits man in Pocso case
Bhopal: A division bench of the MP High Court acquitted a person sentenced to 20 years of rigorous imprisonment by a Bhopal court on charges of sexual assault on his one-year-and-a-month-old daughter. The court, while setting aside the order of the Bhopal POCSO court, said that under sections 29 and 30 of the POCSO Act, the 'burden of proof' can't be entirely shifted onto the accused in POCSO cases. According to the prosecution, the wife of the accused, in her report lodged with the police, said that she went to the bathroom, and when she came back, she saw her husband sexually assaulting their daughter. She took her daughter to a doctor the next day, who found the private part of the baby reddish. She informed him of what she saw her husband doing to the baby the previous day. The doctor advised her to seek help from the Child Helpline. She subsequently reported the matter to the police. In the medical examination of the girl, rashes were found on her private part, its peripheral area, and the waist. The doctors opined that the marks were not created by diapers, paper napkins, or things like that. Samples of the accused's nails and fingers were sent for FSL examination, but they didn't match the samples of his daughter. Hearing the criminal revision petition of the father, the bench of Justice Vivek Agarwal and Justice D N Mishra said that sections 29 and 30 (2) of the POCSO Act don't absolve the prosecution from the 'burden of proof' as specified under sections 101 and 102 of the Evidence Act. An accused would carry the burden to prove himself innocent only if the prosecution is able to establish the charge against him prima facie "by adhering to the standard of proof of preponderance of probability. It's only then that the accused has to displace the presumption of guilt," the judges said. The division bench said that witnesses in the case have stated that the wife of the accused, who is the complainant in the case, told them about the incident. The statements of the wife recorded under sections 161 and 164 of the CrPC and her statement in the court are contradictory. The prosecution has failed to prove the charge of sexual assault on the accused, and he is entitled to be given the benefit of the doubt, said the court while setting aside the POCSO court order.
Indian Express
29-05-2025
- Politics
- Indian Express
Seized material reveals prima facie bid to ‘establish Mughal order': Madhya Pradesh HC refuses to intervene in denial of bail to lawyer
Refusing to intervene in a lower court's denial of bail to a lawyer booked under the Unlawful Activities Prevention Act, the Madhya Pradesh High Court has observed that material seized from him 'prima facie reveals that an attempt is being made' to disrupt communal harmony and establish a 'Mughal order as it existed' before British rule in India. The lawyer, who worked as a volunteer with a human rights organisation, was booked in 2023. A chargesheet was filed against him on March 19, 2023, and he was denied bail by a Special NIA judge in Bhopal on February 8, 2025. He was booked under several IPC sections, including those dealing with criminal conspiracy and promoting enmity between groups. He was also booked under UAPA sections that deal with running terror camps and terror recruiting, among others. A High Court division bench of Justice Vivek Agarwal and Justice Devnarayan Mishra, while refusing to intervene with the denial of bail to the lawyer, observed that material seized from the house/office of the appellant 'prima facie reveals that attempt is being made to cause disruption to the communal harmony amongst members of society to achieve the object of establishing a Mughal Order as it existed prior to the British taking over…' The counsel for the accused, Advocate Mohammad Tahir, told the court that his client was working as a volunteer with a human rights organisation and that he conducted legal awareness programmes. The lawyer contended that the appellant had not perpetrated anything that could fall within the definition of unlawful activities as defined under UAPA. However, the High Court said the case did not prima facie call for the court's intervention before the completion of the trial. 'When we examined the material, we are of the opinion that it is for the trial Court to decide it on the basis of the evidence as to what is the material available to prove or otherwise the charges which have been framed. But prima facie, when examined, then the act of the appellant cannot be said to be such that calls for this Court's intervention without completion of the trial,' the High Court observed.
Time of India
28-05-2025
- Time of India
Form join team to trace Jhansi boy missing since Feb: HC to MP & UP cops
Bhopal: A division bench of the MP High Court has asked the DGPs of Madhya Pradesh and Uttar Pradesh to constitute a joint police team of the two states within a week to search for a minor boy who went missing from Mauranipur town in Jhansi district. Hearing a habeas corpus petition filed by the grandfather of the missing boy, the bench of Justice Vivek Agarwal and Justice Vivek Jain gave the direction, holding that coordinated efforts by the Madhya Pradesh and Uttar Pradesh police would be required to locate the 15-year-old missing boy. The petitioner, Mukesh Sripal, in his petition, said that he is an auto driver and lives in Mohania locality under Ranjhi police station at Jabalpur. The daughter of Shivkumar Gupta, his neighbour, is married in Mauranipur town in Jhansi district. After Diwali, Gupta asked him to send his grandson to Mauranipur to get acquainted with running a shop from his son-in-law. Until Feb, they were in touch with the boy over mobile, but his mobile went off on Feb 15, 2025. His family members went to Mauranipur to meet the child, and a missing person report was lodged with the police, but the police failed to trace him till now. Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Switch to UnionBank Rewards Card UnionBank Credit Card Apply Now Undo After the initial hearing, the division bench said that in view of the special circumstances of the case, the DGPs of the two states are advised to constitute a joint police team to locate the child. The joint police team should be constituted within seven days. Advocate Abhishek Rishi appeared in the case for the petitioner.
