‘Barbarity’: Madhya Pradesh High Court confirms death penalty for child rape and murder

The Madhya Pradesh High Court recently confirmed the death sentence awarded by a Bhopal court to a man who was last year found guilty of having sexually assaulted a 5-year-old girl and causing her fatal injuries [Atul Nihale v The State of Madhya Pradesh]..The victim had died because of the injuries in her pelvic region, caused by a knife inserted by the convict. The police had recovered her dead body from a white tank kept in a bathroom at a flat belonging to the convict’s family.In March 2025, a Special Judge hearing cases under the Protection of Children from Sexual Offences (POCSO) Act gave a triple death sentence to the convict, Atul Nihale, for three separate charges of brutal rape and murder of the minor girl. He then challenged the decision before the High Court..On January 22, Justice Vivek Agarwal and Justice Ramkumar Choubey, sitting at the Jabalpur Bench of the High Court, observed that every ounce of evidence against Nihale reflected his barbarity.“This Court found that the appellant/accused has committed a heinous crime with a girl age of five years, who was unable to resist and after gagging her mouth, appellant/accused used a knife meant for culinary tasks, for enlarging the entrance of vagina, so as to penetrate. He caused as many as 10 injuries including penetration in the pelvic region, a very cause of death,” the Bench said..The High Court, thus, found no reason to deviate from the trial court's decision to award the death penalty to the convict. Besides the heinousness of the crime, the Court also took into account his criminal background. “Use of knife inside the vagina to enlarge it for easing penetration on an infant girl is a barbarous act of lusty mind. One can imagine the plight of deceased girl child when she was sexually penetrated and how in parts she would have breathed her last feeling the excruciating pain in the state of helplessness,” the Court said. .It further found that after committing the sexual assault and injuring her, the convict kept the victim’s dead body in in bathroom for 2-3 days, awaiting a chance to dispose of the dead body elsewhere. “This shows that a barbarity of act is dripping down from every ounce of evidence. Further, it is also noteworthy that the appellant/accused has criminal antecedents, inasmuch as he was previously convicted with the offence punishable under the Indian Penal Code and five other criminal cases were also registered against him,” the Bench said..Nihale had been arrested following the recovery of the victim's body on September 26, 2024, from his mother’s rented residence. The police had searched the place after a putrid smell was reported from the flat. The mother and sister of the convict had also faced certain criminal charges, but they were acquitted by the trial court. Following his conviction, Nihale moved the High Court, alleging that he was falsely implicated in the case as he was not the owner of the flat from where the dead body was recovered. He also alleged evidence tampering. .However, the High Court found that Nihale was also residing in the same flat with his family. It also noted that the evidence, including the samples for a DNA test, was collected in a proper manner without any illegality or discrepancy.It was further found that the DNA test results conclusively proved Nihale’s involvement in the crime beyond any doubt.“Although from the vaginal swab and smear Ex.B(H/429) and vaginal swab and smear Ex.C(H/430) and nail along with adjacent skin Ex.D(H/431) of the deceased, Y-Chromosome STR DNA Profile could not be extracted, but this fact alone cannot wipe out all other conclusions of the DNA test report (Ex.P/58), which clearly establishes involvement of the appellant/accused,” the High Court added..The accused failed to provide a plausible explanation for the discovery of the deceased girl's body from inside the flat he occupied, the Court further noted.“The evidence against the appellant extends far beyond a mere needle of suspicion, rather, a complete and unbroken chain of circumstances establishes with absolute certitude that the appellant alone is responsible for the sexual assault and death of the infant girl,” the Court said, while upholding the guilty verdict..Senior Advocate Sanjay K Agrawal with advocate Mihir Agrawal - amicus curiae - represented the convict.Public Prosecutor Nitin Gupta appeared for the State..[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.