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MP High Court Commutes Death Sentence to 25 Years for Tribal Youth in Child Rape Case

The bench ruled that the assault did not meet the Supreme Court’s 'brutality' threshold for capital punishment under the 'rarest of rare' doctrine.

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Overview

  • On June 19 a division bench of the Madhya Pradesh High Court commuted the convict’s death sentence to 25 years’ rigorous imprisonment without remission and imposed a Rs 10,000 fine with an additional year of jail in default of payment.
  • Justices Vivek Agarwal and Devnarayan Mishra held that although the assault was horrifying, it did not exhibit the extreme cruelty or depravity required for capital punishment under Supreme Court precedents.
  • The court noted the 20-year-old defendant was uneducated, belonged to a tribal community, had no prior record and had left home early to work in a roadside eatery.
  • A special POCSO court in Khandwa district had convicted him in April 2023 for abducting, raping and throttling a four-year-old girl before leaving her for dead and initially awarded the death penalty.
  • The ruling underscores the judiciary’s nuanced application of the 'rarest of rare' doctrine in child sexual abuse cases by balancing the severity of the crime against individual circumstances.