MADRAS HC UPHELD THE DEATH PENALTY FOR RAPE AND MURDER OF A 7-YEAR-OLD MINOR

The Madras High Court upheld the death penalty given by Sessions Judge, Pudukkottai in the rape and murder case of a 7-year-old child. The Court stressed that if a person like the accused is allowed to live, he will pollute the minds of co-prisoners on the brink of release. 

A Bench of Justices S Vaidyanathan and G Jayachandran was hearing a case concerning the murder of a 7-year-old girl belonging to the Scheduled Caste community. The minor was killed after penetrative sexual assault. The accused developed a friendship with the child and committed rape on her. Fearing that the child would tell everyone about the assault, the accused bashed her head against a tree and threw the minor's body into a dry pond.

In view of the same, the trial court sentenced the accused to death by hanging. This order came up before the HC for confirmation.

The accused contended that the case was based on circumstantial evidence and suspicion. The trial court did not consider the break in the chain of circumstances. It was further said that the accused be given the benefit of the doubt, considering that the witnesses failed to sustain the prosecution’s case entirely. The Division Bench wholly disagreed with the accused by stating that the testimonies were solid and minor discrepancies would not be fatal to the case. 

After examining the evidence, the bench concluded that the accused, after fulfilling his thirst, brutally attacked the minor and dashed her head on a tree in order to pierce her face and neck. The judgment of the trial court fulfilled all the requirements to prove that this was one of the rarest of rare cases, and imposition of any other punishment would be insufficient.

The judgment of the trial court was confirmed.

Author: Papiha Ghoshal