Bombay High Court confirms death sentence of convict for rape, murder of 3-year-old girl

The Bombay High Court on Thursday confirmed the death sentence passed by the Special POCSO Judge, Thane against a man convicted for rape of a three-year-old girl (The State of Maharashtra vs. Ramkirat Munilal Goud)..A Bench of Justices Sadhana S Jadhav and Prithviraj K Chavan was hearing a case arising from a crime that was committed when the girl ventured out of her house to play with her dog and did not return home. On failing to locate the child, her father lodged a missing report.Three days later, he was called to identify the dead body of a child lying in a muddy pond, recognised as his daughter. An autopsy report reflected that the girl had been sexually abused and brutalised before being killed..The Division Bench found the act of the accused gruesome and committed in a diabolic manner. They stated that it was a heinous offence.“It is unimaginable that a cheerful, frolicking child enjoying with her pet would provoke the feelings of lust in a man who is a father of two daughters and a son,” the Court said..The Additional Public Prosecutor (APP) had sought confirmation of the sentence while submitting that the incident had caused public outcry. It was submitted that this was a rarest-of-the-rare case where a child, barely three years old, was sexually abused and then killed in a cruel manner..The appellant argued that there were certain lacunae in the investigation. It was stated that there was no DNA match and no semen stains were found on the deceased or on her clothes..However, the Bench found strength in the prosecution's submissions. “We agree with the learned APP that the act committed by the accused is gruesome and revolts human conscience,” the Court said. While acknowledging that the case at hand was one based on circumstantial evidence, the Court unhesitatingly found that the prosecution had proved the chain of circumstances against the accused beyond reasonable doubt..Further, on personally speaking to the accused, the Bench found that he showed no remorse."At this stage, we would observe that the prosecution has not presented before us the conduct of the accused during his incarceration. But we have spoken to the accused personally and he has not shown any remorse. The only mitigating circumstance put forth by him is economic stringency of his family," the Bench observed..In light of this, the judgement in Vasanta Sampat Dhupare vs. State of Maharashtra was discussed where a 45-year-old man had lured a 4-year-old child, raped and killed her after battering her to death. The Court relied on a judgment of the Supreme Court in Ramnaresh vs. State of Chattisgarh, where the top court noted:“Wherever, the offence which is committed, manner in which it is committed, its attendant circumstances and the motive and status of the victim, undoubtedly bring the case within the ambit of “rarest of rare” cases and the court finds that the imposition of life imprisonment would be inflicting of inadequate punishment, the court may award death penalty.”.While strongly coming down on the act of the accused and confirming the death sentence awarded to him, the Court observed, “The crime smacks of degradation of a girl child, depravity and perversity of his mind. The child was sexually assaulted in barbaric and inhuman manner. It is diabolic in nature and thereafter, it was a brutal murder which makes it the rarest of rare case.”.Thereafter, the Court’s attention was brought to a scheme submitted by the National Legal Services Authority which entitles victims of rape to a compensation of ₹10 lakh. It was pointed out that the victim was entitled to compensation under the Maharashtra State Victim Compensation Scheme.In the present case, since the victim was murdered and her mother was untraceable, the District Legal Service Authority was directed to pay compensation to the victim’s father within 30 days of receiving the judgment..Advocates Sachin R Pawar, Nikhil Mallelwar, Rohan Dilip Kaiche and Amjith Anandhan appeared for the accused. APP MM Deshmukh appeared for the State and the father of the victim was represented by advocate Rebeca Gonsalvez..Interestingly, the same Bench on Thursday commuted the death penalty awarded to three convicts in the infamous Shakti Mills rape case to life imprisonment..[Read Judgment]