'Monster Like Conduct': Punjab & Haryana High Court Confirms Death Penalty Of Man Convicted For Rape And Murder Of Minor Girl

The Punjab & Haryana High Court on Thursday confirmed death sentence of a man convicted for the rape and murder of a 3-year-old girl in 2018, observing that the "gruesome murder" of a girl child after committing rape upon her is an example of "monster like conduct of the convict."A division bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma agreed with the reasoning given by the Trial Court in its February order where it opined that the case falls in the rarest of the rare case. The high court went through the trial court's reasoning and said that the observations were "well made" wherein the trial judge had sentenced the convict to capital punishment adding that it appeal's to the judicial conscience of the high court. It then said: "Evidently, the instant case appertains to the gruesome murder of a girl child but after committing rape upon her. It exemplifies dehumanized, besides monster like conduct of the convict-appellant. As such, for the supra reasons, and, also for the well made reasons by the learned trial Judge concerned, in hers sentencing the convict-appellant to capital punishment, this Court is coaxed to accept the Murder Reference. The death sentence imposed upon the convict-appellant, by the learned convicting Court, thus is confirmed. The District Magistrate is directed to, in terms of relevant provisions, forthwith appoint an Executioner, besides is also directed to draw the schedule for executing the sentence of capital punishment, upon, the convict-appellant".The body of the minor girl was found bleeding on the road in naked condition. The convict was neighbour of the victim who committed rape and murder upon her.A Special Court under POCSO Act had sentenced him to death under Sections 302, 376AB of IPC and Section 6 (aggravated penetrative sexual assault) of the POCSO Act. The Court was hearing the State's plea for confirmation of the death sentence and convict's appeal against the conviction order.The division bench noted that the convict in his signed disclosure statement confessed his guilt of committing rape upon the deceased, and, described the manner of committing the crime and injuries inflicted on the victim.It further noted that only the accused was aware of the place where weapons used in the crime were hidden, which was later recovered.The division bench highlighted that the DNA report confirmed that the blood stains on the body of the victim and other swabs belonged to the convict.Also, the place where the dead body was found was in close proximity of the crime site and the convict."Be that as it may, the said best scientific evidence also lends corroboration to the theory of last seeing together of the accused and the deceased, as becomes spoken by the prosecution witnesses.... In sequel, when in a circumstantial evidence based case, the incriminatory link vis-a-vis the last seeing together of the accused, and, the deceased, is of grave importance," observed the bench.In the light of the above, the Court directed to draw schedule for executing the capital punishment and the same be executed after lapsing of the time period for the appeal.Mr. Pardeep Prakash Chahar, Sr. DAG, Haryana.Mr. Varinder Singh Rana, Advocate for the respondent (in MRC No. 1 of 2024) and for the appellant (in CRA-D-1297-2024).Title: XXXX v. XXXX

'Monster Like Conduct': Punjab & Haryana High Court Confirms Death Penalty Of Man Convicted For Rape And Murder Of Minor Girl

Aiman J. Chishti

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