A special court in Pune on Monday (June 29) handed down death sentence to a 65-year-old man convicted for raping and killing a three-year-old girl, after considering his antecedents of outraging modesty of his grand-niece and a village woman and even sexually assaulting animals.

Special Judge SR Salunkhe held that the instant case was a 'rarest of rare' as the accused - Bhimrao Prabhakar Kamble (65) - a father of seven married daughters and a son, lured the victim child by promising to give her some sweets and also to show her a newly delivered calf in the village.

The judge noted that Kamble gagged the victim's mouth with her pants shoved at least 21 cm inside her mouth and then committed vaginal and anal penetration and even after he killed her, he continued to rape her and satisfy his lust.

"A man of 65 years of age, having seven married daughters and a major son lures a child of 3 years of age, saying her to show her a calf and give her sweet (gathi shev) and commits aggravated sexual assaults on her by vaginal and anal penetration and also attempts oral sex and kills her due to resistance and even after killing her, he sexually assaults her. Needless to say that the behaviour of the accused was uncommon and punishment of life imprisonment for such crime would be grossly inadequate. Even the punishment of death may not be adequate but it is the greater punishment that can be awarded for such crime," Judge Salunkhe said in the order.

The judge noted that the aggravating circumstances weighed more than the mitigating circumstances, especially because none of his family members even came forward to help him or defend him. The fact that he is 65 years of age too was not accepted as a mitigating factor, given his heinous crime.

"The only circumstance which could be posed as the mitigating circumstance is the age of the accused as he is 65 years of age. According to me, this cannot be taken as mitigating circumstance, rather it would be the aggravating circumstance. The thirst for lust of the accused is not extinguished even at such age. Rather, it has reached to very dangerous stage. The injuries noted in post mortem report of the victim would reflect inhuman behaviour of the accused with a child of just 3 years of age. Whatever the accused wanted to do with that child, he did fearlessly, most barbarically and without bothering its consequences. This is probably because, he had past experience that even if he is prosecuted, nothing will happen in Court," Judge Salunkhe opined.

While sentencing Kamble to death, the judge expressed that the court must keep its senses alive to hear the last scream of the child which was loud enough and was recorded in audio-video CCTV camera, 18 injuries inflicted on that small child, the suffering of the child when she was being sexually assaulted and her leggings was gagged 21 cm deep into her mouth.

"This Court shall perceive by its senses, that CCTV footage wherein, that innocent child walks her small steps happily with the accused reposing trust on him. She was eager to see the beauty of new life (calf). She was however unaware that it is going to cost her own life and it was her last journey in her life. The Court shall perceive by its senses, the feelings of the parents of the victim standing at the door of the Court waiting for justice to her beloved daughter," the judge expressed.

The brutality of the crime, the manner by which it was committed and inhuman behaviour of the accused with a child of 3 years takes him away from thinking of any alternative to death sentence and the possibility of awarding life imprisonment, which is the normal rule is unquestionably foreclosed in this case, the judge said, while adding, "This case will definitely come under the category of 'rarest of the rare cases'."

The judge noted Kamble's antecedents, wherein he tried to outrage the modesty of his grandniece by keeping a sickle on her neck, and also the case wherein he was booked for sexually abusing a village woman. However, in both the cases, he was acquitted for want of proper evidence. The judge noted that his behaviour with the women in his village was bad and thus he was kicked out of his own village and he then came at the village of the victim's grandparents - Nasarapur in Pune district.

"An old man of 84 years of age comes before the Court and states that in 1996, he had witnessed that the accused was trying to commit sex with a she-goat. The accused was connected through VC during the trial and he was physically produced before the Court whenever required. There was no remorse seen on his face for the acts he has committed with the victim child. All these evidence would show that the accused has passed the stage of reformation and he will remain as menace to the society," Judge Salunkhe held.

The judge noted that it was Kamble's 'satisfaction of lust' which was the only motive and the victim was killed for that motive.

"As regards anti-social or socially abhorrent nature of the crime, it needs no explanation. Committing rape, sexually assaulting and finally committing murder of a child of 3 years of age would definitely be anti-social or socially abhorrent nature of the crime. As regards magnitude of crime, the PM report of the victim, her last scream recorded in the CCTV camera, photographs of the victim at the spot and at the time of inquest panchnama would be sufficient to show the magnitude of the crime. They demonstrate very barbaric and inhuman conduct of the accused with the victim. As regards personality of victim of murder, the victim was just 3 years of age and was helpless and the accused left no chance for her survival. The victim was innocent child relied reposed trust on the accused and he took disadvantage of the same," the judge observed.

Rape Cases Continue Despite Stringent Punishments

Judge Salunkhe in his 148-page judgment noted that in the wake of public outrage after Nirbhaya case, the Central Legislature enacted POCSO Act, providing stringent punishments and speedy procedure to deal with crimes against children. The Special Courts are established to render timely justice to the victims of such crimes, the judge noted.

"However, the experience was somewhat disturbing. Neither the trials proceeded with prescribed speed nor such crimes were found to be eradicated. Such incidents of crimes against children continued. Despite stringent punishments in POCSO Act enacted post-Nirbhaya incident, the collective conscience of the society was shocked by Kathua rape case, where an 8 year old child was gang-raped, sexually assaulted and brutally murdered. Then, happened Unnao incident where a 17 year old girl was raped by the person having political background. The conscience of the society got shocked by that incident as well..," Judge Salunkhe remarked.

With these observations, the judge sent Kamble to the gallows.

Appearance:

Special Public Prosecutor Ajay Misal represented the State.

Advocate Himmatrao Suryawanshi represented the Accused.

Case Title: State of Maharashtra vs Bhimrao Prabhakar Kamble

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