In a significant judgment, the Orissa High Court has commuted the death sentence of a convict in a rape and murder case to life imprisonment, taking into account his conduct in jail and other mitigating factors. The division bench comprising Justice S.K. Sahoo and Justice R.K. Pattanaik delivered the verdict in CRLA No. 120 of 2023 (Sk. Asif Alli @ Md. Asif Iqbal vs State of Odisha) on June 20, 2024.
Background of the Case:
The case pertains to the rape and murder of a 6-year-old girl in Jagatsinghpur district of Odisha on August 21, 2014. According to the prosecution, the victim was abducted by two accused – Sk. Asif Alli and Sk. Akil Alli – while she was returning after purchasing chocolates with her cousin brother. Her body was later found in a naked condition with multiple injuries. The trial court had convicted both accused and sentenced them to death in November 2022.
Important Legal Issues:
1. Reliability of circumstantial evidence
2. Competence of child witness
3. Application of “rarest of rare” doctrine for death penalty
4. Consideration of mitigating factors post-conviction
Court’s Decision:
The High Court acquitted Sk. Akil Alli of all charges, finding the evidence against him insufficient. For Sk. Asif Alli, the court:
1. Upheld his conviction under Sections 302 and 376A of IPC and Section 6 of POCSO Act
2. Set aside conviction under Section 376D of IPC (gang rape)
3. Commuted death sentence to life imprisonment without remission
Key Observations:
On circumstantial evidence, the court noted: “The chain of evidence is so complete that it does not leave any reasonable ground for the conclusion consistent with innocence of the appellant rather when the circumstances are collectively considered, the same lead only to the irresistible conclusion that the appellant is the perpetrator of the crime in question.”
Regarding death penalty, Justice S.K. Sahoo observed: “Considering the entire facts and circumstances, the aggravating circumstances and mitigating circumstances, it cannot be said that capital punishment is the only option for the appellant and that the option of imprisonment for life will not suffice and is wholly disproportionate.”
The court took note of the convict’s conduct in jail, as reported by authorities: “He is offering prayer to God many times in a day and he is ready to accept the punishment as he has surrendered before God.”
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The judgment also increased the victim compensation from Rs. 1.5 lakh to Rs. 10 lakh.
Lawyers:
For Appellant: Sk. Zafarulla
For State: Mr. Bibhu Prasad Tripathy, Additional Government Advocate
