Supreme Court Stays Death Sentence Of Man Convicted For Rape-Murder Of 5-Year Old Girl In Madhya Pradesh

The Supreme Court yesterday stayed the death sentence of Atul Nihale, a man accused of raping and murdering a 5 year old girl in Madhya Pradesh.A bench of Justices Vikram Nath, Sandeep Mehta and NV Anjaria passed the order while dealing with the challenge of the convict, Atul Nihale, to a Madhya Pradesh High Court judgment which confirmed the death sentence awarded to him by the Special Court noting that barbarity dripped from "every ounce of evidence" in the case.Calling for the case records, the bench directed inter-alia the production of Probation Officers' reports, report on the work performed by the convict while in jail as well as his behavior, and a report on his psychological evaluation. As per the prosecution case, the mother of the victim reached out to the Station House Officer in Shahjahanabad on September 24, 2024, claiming that daughter was missing. During the investigation, a search operation was conducted and the police personnel noticed a disgusting smell coming from the appellant's flat. The police, thus, forcibly entered the said flat, wherein the body of the victim was found in a plastic water tank in the bathroom.Before the High Court, the appellant contended that the offence could have been committed by some unknown person and that he was incriminated without any foundation or evidence. It was further argued that he was not the owner of the flat where the dead body was discovered. Doubts were also raised over the seizure memo.The State, per contra, contended that there was ample evidence connecting the appellant to the crime and that the prosecution had proved its case beyond all reasonable doubt. After hearing the parties, the High Court observed that it was a case of sexual assault in a barbarous manner and the victim succumbed to the injuries. It noted that the lodging of the missing report, recovery of the dead body from the appellant's home, along with seizure of blood-stained articles and memorandum were proved by direct evidence on record.The Court also relied on statements of the girl's parents, noting that,"Merely a fact that these witnesses being parents of the deceased girl-child are interested witnesses, they cannot be disbelieved. As the victims of their five-year-old daughter's brutal slaying, they have no motive or reason to provide false testimony that would implicate an innocent person while letting the true perpetrator to remain free". Further, the Court held that the evidence went beyond mere needle of suspicion and showed a complete unbroken chain of circumstances that established with absolute certitude that the appellant was responsible for the sexual assault and death of the minor victim.It also noted that the appellant had gagged the mouth of the victim and thereafter used a knife to enlarge her vagina. Thereafter, he sexually assaulted her and she died due to the injuries. The Court emphasized, "Use of knife inside the vagina to enlarge it for easing penetration on an infant girl is a barbarous act of lusty mind".Thus, it held that the case was fit for the rarest of the rare category and affirmed the death penalty of the appellant. It was also highlighted, "sovereign objective of sentencing remains the assurance that crime meets its just desert, thereby satiating the cry for justice emanating from both the victim and the collective conscience of society. The courts must engage in a delicate balancing act, weighing the totality of circumstances. It is a mandatory judicial exercise to juxtapose aggravating factors against mitigating pleas to arrive at a sentence that is not merely legal, but fundamentally just".Case Title: ATUL NIHALE Versus STATE OF MADHYA PRADESH, SLP(Crl) No. 4126-4127/2026Click here to read the order

Supreme Court Stays Death Sentence Of Man Convicted For Rape-Murder Of 5-Year Old Girl In Madhya Pradesh

Debby Jain

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