India | Double-death sentence for man who raped, murdered 4-year-old in Madhya Pradesh

A special fast track court in Morena district of Madhya Pradesh has awarded double-death sentence to a 32-year-old man for rape and murder of a 4-year-old girl. Accused was earlier arrested in connection with rape of her aunt.

The sentence was given under Section 376A of the Indian Penal Code, under an amendment made in light of the gruesome Nirbhaya rape case.

Besides capital punishment under Section 376A and Section 302 of IPC for murder by the trial court, he was sentenced to death under Sections of Protection of Children from Sexual Offences Act (POCSO) 2012 also.

Categorizing the case as “rarest of rare” (which under a legal precedent is critical precedent for the awarding of death penalty), the court also turned down his contention for leniency on grounds of young age, making it clear that it can’t be mitigating circumstance in cases of extreme depravity, said sources.

Incident took place in Khirkari village on February 4, 2021. The 4-year-old girl belonged to a poor family of labourers. She was playing outside her house along with her siblings when accused Banti alias Vishram Rajak lured her to a farm away from the house and raped her. Her parents, who had been searching for her, found her in an unconscious state. Girl’s grandfather had seen Banti escaping from the spot that day.

The girl was immediately taken to a doctor, who pronounced her dead. Forensic report confirmed rape and strangulation leading to her death. The assault had been brutal, doctors informed. After hearing testimonies of witnesses, the trial court awarded him the rare double-death while observing that the accused would continue to be a menace to the society.

Police said that accused was first arrested in connection with a rape of deceased’s aunt. He had to spend 6 months in jail after the case was registered. Accused had threatened the family of dire consequences. He raped and murdered the 4-year-old girl four days after he was released from jail.

(The victim's identity has not been revealed to protect her privacy as per Supreme Court directives on cases related to sexual assault)

Source: The Times of India, Staff, March 26, 2022

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