Calcutta High Court commutes death sentence of two men convicted for rape and murder of 5-year-old

The Calcutta High Court on Wednesday commuted the death sentence of two men convicted of rape and murder of a five-year-old girl [Fagun Mandi @ Pui & Anr v The State of West Bengal & Anr].

A Division Bench of Justices Debangsu Basak and Md Shabbar Rashidi ordered that the two convicts be sentenced to life imprisonment instead. They would not be eligible for remission (premature release) for 60 years, the Bench added.

The Bench noted that the two convicts committed rape on the child and then inserted bamboo sticks in her private parts, which showed their depravity.

However, it also took into account the State's submission that the possibility of their reformation still exists. 

Thus, a balance needs to be struck between the gravity of the offence and the punishment, the Bench opined.

Therefore, it said that both men will serve life sentence with no remission for a period of 60 years. 

“In such circumstances, taking into consideration the respective age of the two appellants their socio economic background and mental health conditions as also the nature of the crime, we deem it appropriate to impose life sentence on both the appellants without the possibility of remission for a period of 60 years from the date of commission of the offence,” the Court ordered. 

The High Court was dealing with the appeals filed by the two convicts, Fagun Mandi alias Pui and Rabindra Routh alias Bhaku, against the trial court order of June 2023 as well as the death reference. 

Both Mandi and Routh were awarded death sentences by the trial court for offences under Sections 376DB(gang rape), 302 (murder), 201 (causing disappearance of evidence), 363 (kidnapping) and 365 (kidnapping with intent to confine them) of the Indian Penal Code (IPC) and Section 6 of the Protection of Children from Sexual Offences Act (POCSO Act).  

According to the prosecution version, the two men had abducted a five-year-old girl playing outside a Kali puja pandal, raped her, strangled her and then hid the body. 

In its report, the State government told the Court that both convicts were from socially backward backgrounds and were slow learners at school with almost no education. 

After considering the case, the High Court said it cannot be ruled out that the release of the two convicts will not be a menace to the society. 

“Merely commuting the death penalty to one of life imprisonment simplicitor would not subserve the ends of justice in the facts and circumstances of the present case, particularly given the nature of the offence committed by the appellants,” the Court said. 

Therefore, it commuted the death sentence but added that there will be no remission for 60 years. 

Senior Advocate Kallol Mondal along with advocates Krishan Ray, Souvik Das, Anamitra Banerjee and Akbar Laskar appeared for the two convicts.

State was represented by Public Prosecutor Debashish Roy as well as advocates Partha Pratim and Saryati Datta. 

[Read Judgment]