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Punjab and Haryana HC Cuts Death Sentence to 30 Years in 2018 Child Rape-Murder, Acquits Mother

The bench framed the sentence as a proportional, society-protecting alternative to capital punishment.

Overview

  • The division bench of Justices Anoop Chitkara and Sukhvinder Kaur upheld Virender alias Bholu’s conviction and fixed life imprisonment at a minimum of 30 years without remission.
  • The court imposed a Rs 30 lakh fine on the convict for payment to the child’s family, with directions for disbursal to parents and siblings.
  • Acquitting his mother, Kamla Devi, the judges said her effort to shield her “Raja Beta” reflected entrenched patriarchy but did not establish conspiracy or proof of evidence-tampering.
  • The bench held the case proved beyond reasonable doubt based on last-seen testimony, CCTV footage and recovery of the body from the convict’s home, despite investigative lapses.
  • In reducing the death penalty, the court cited a murder committed in panic to erase evidence of rape, the absence of violent conduct in prison and the possibility of reformation.