'Barbaric, Must Be Curbed With Iron Hands': Karnataka High Court Upholds Death Penalty Of 3 For Gang Rape, Murder Of Minor Girl
The Karnataka High Court upheld a 2024 trial court order imposing death penalty on three men convicted for gang rape and murder of a minor girl, observing that the offence was barbaric and such acts must be curbed with iron hands. A division bench of Justice HP Sandesh and Justice Venkatesh Naik T in its 176 page order observed:"Having considered all these factors into...
The Karnataka High Court upheld a 2024 trial court order imposing death penalty on three men convicted for gang rape and murder of a minor girl, observing that the offence was barbaric and such acts must be curbed with iron hands.
A division bench of Justice HP Sandesh and Justice Venkatesh Naik T in its 176 page order observed:
"Having considered all these factors into consideration and materials available on record, even this Court has to strike balance between mitigating circumstances and aggravating circumstances. No doubt, the accused persons are young aged and the same cannot be a ground to come to a conclusion that they could be imprisoned for life and age is not a determinative factor by itself and except this circumstance, there is no other mitigating circumstances. The accused persons inhumanely in a brutal manner subjected the victim girl, who is aged about 7 years and 7 months for continuous sexual act one by one, without caring the life of the victim and the same is nothing but a barbaric act of gang rape..."
The bench said that it has to take note of human values while imposing the death sentence as discussed in relation to Article 21 of the Constitution in the case of Manoj Pratap Singh v State of Rajasthan (2022). But at the same time, the court said it has to take note of principles laid down in the judgments in the cases of Bachan Singh and Machhi Singh as well as the judgment in the case of Haresh Mohandas Rajput where the victims are children and helpless women and the crime is most cruel, inhuman, extremely brutal and diabolic. After examining the witness testimonies as well as the evidence including medical evidence the bench said:
"...here is a case of gang rape by accused Nos.1 to 3 along with accused No.4. But accused No.4 was not subjected to decision of the Trial Court as after the trial he had escaped. Having taken note of all these factors into consideration, this Court is of the opinion that the sentence of life imprisonment renders inadequate. After considering the material on record and drawing balance sheet of mitigating circumstances and aggravating circumstances, the scale of justice tilts in favour of the prosecution and there are no mitigating circumstances favouring the accused to reduce the sentence, since it is a gang rape on a minor girl, who is aged about 7 years and 7 months. The Court has to take note of the manner in which the criminal act was committed and the Trial Court has taken note of all these matters into consideration and such act was done against a minor girl aged about 7 years and 7 months and it is nothing but a crime against the society at large. If lesser sentence is imposed, it will give a wrong message to the society and public at large and this act of subjecting the minor girl to satisfy their lust would be encouraged and such act has to be curbed with iron hands"
The court thereafter upheld the trial court's 2024 order imposing death sentence.
The court was hearing appeals moved by three accused sentencing them to death penalty for gang rape of a minor girl who was 7 years old on the date of the incident. The court was also hearing a plea seeking confirmation of death penalty. The trial court had convicted the three for offences under Sections 120B(criminal conspiracy), 376(A)(D)(gang rape), 377 (unnatural offence) and 302(murder) read with Section 34 (common intention) of IPC as well as provisions of POCSO Act.
The prosecution stated that the accused Nos.1 to 3 worked in a tile factory in Mangaluru along with accused No.4, who had conspired to rape a minor girl whose parents were also working in the factory.
On 21.11.2021, the accused persons in furtherance of their common intention, wherein accused No.4 came near the deceased victim girl who was playing with her brother and sister and gave her chikkies (sweets). He thereafter took her inside the factory to a brick kiln wherein accused 1-3 raped her.
The victim suffered injuries in her vagina which was bleeding; when she was crying out of pain, the accused No.1 closed her mouth with one hand and also pressed her neck with another hand forcefully due to which she died in the spot itself. In order to destroy the evidence of commission of offence, they shifted the girl's dead body placed it in a drain covered by stone slabs.
The charges levelled against accused No.4 is that he was watching outside the room to give signal to the three accused, regarding arrival of anybody and was waiting for his turn to commit sexual assault on the victim. The accused no. 4 had absconded when the matter was posted for judgment before the trial court and he could not be found.
Rarest of Rare Case
The bench referred to various Judgments and said that accused persons were working in a factory and in order to satisfy their lust, they aimed at a helpless minor girl, aged about 7 years 7 months as per the documents.
"This Court has opined that it is a case of rarest of rare case and comes within the aggravating circumstances...," it added.
The court first said that the girl was aged about 7 years and 7 months and the accused persons with an intention to satisfy their lust, had an eye on the girl, who is below the age of 12 years even when stringent punishment is provided under the POCSO Act.
It said that the accused persons in a deceitful manner lured her by giving her a chikki(sweet); further accused Nos.1 to 3 had subjected the girl to a sexual act continuously in a brutal manner, which resulted in injuries on the private parts of the child and the same is noticed by the doctor while conducting the post mortem.
"The victim was innocent, helpless and also a child and victim was having trust with the accused persons, who are residing in the very same locality and she accompanied the accused when chikki was given to her. The accused persons have committed gang rape on a minor girl, who is aged about 7 years and 7 months continuously, without caring for her life and satisfied their lust in a brutal manner. The accused persons not only committed forcible sexual act i.e., aggravated sexual act, but further taken the life of the girl. The same shocks not only the judicial conscience but even the conscience of the society" the court said.
It further observed that the accused persons not only committed murder, but also took the body to another room and watched the movement of the public in the premises. Thereafter, to screen the evidence, they had shifted the body and threw it into a drainage.
The appeals were dismissed and the confirmation plea was allowed.
Case title: THE REGISTRAR GENERAL v/s JAYBAN ADIVASI @ JAY SINGH and Others and batch
Crl. A. Nos. 2216/2024 & 2246/2024, Crl.R.C.No.2/2024