The Punjab and Haryana High Court has commuted the death penalty of a 24-year-old man convicted of the rape and murder of a seven-year-old girl, altering his punishment to life imprisonment with a mandatory minimum of 50 years in prison without release. The court also ordered the convict, identified as Pawan, to pay Rs 73 lakh in total fines, which will be distributed as compensation to the victim’s family.
A division bench comprising Justice Anoop Chitkara and Justice Ramesh Chander Dimri delivered the ruling on August 11 while ruling on a criminal appeal filed by the convict alongside a murder reference seeking execution confirmation. While upholding the conviction across multiple charges, the bench set aside the two death sentences previously awarded by the trial court for aggravated penetrative sexual assault and murder.
Key Evidence and DNA Confirmation
The criminal case stems from an incident on October 8, 2022, when the seven-year-old child went missing after going outside to play. Her partially burnt body was discovered the following day in a secluded location. The trial court subsequently found Pawan guilty of kidnapping, abduction, rape, murder, and destruction of evidence, handing down capital punishment.
In its review, the high court noted that CCTV footage submitted by the prosecution was legally inadmissible due to procedural flaws under Section 65-B of the Indian Evidence Act concerning electronic records. However, the bench ruled that the prosecution had successfully established guilt through independent evidence.
The court relied on testimonial evidence from a witness who observed the accused with the victim shortly before her disappearance, establishing the “last seen” circumstance. Additionally, forensic analysis confirmed that human semen recovered from the victim’s clothing matched Pawan’s blood sample. The court confirmed that the chain of custody for the biological evidence remained unbroken throughout the investigation.
Assessment and Sentencing Rationale
In evaluating whether the case warranted execution, the high court reviewed psychological and sociological assessments of the convict. The evaluation indicated an IQ of 94, no intellectual disability or cognitive impairment, and no active psychopathology, confirming his mental fitness to understand the judicial proceedings.
The bench concluded that the murder was committed in panic to destroy evidence of the sexual assault rather than as a deliberate, premeditated act. Consequently, the court held that the offense did not meet the “rarest of rare” criteria required for capital punishment.
Addressing the state’s authority to execute, the judges observed that every human life holds equal value and cannot be taken by the state without strict adherence to due process. To eliminate any future threat to young children, the court specified that the convict must remain incarcerated for at least 50 years, ensuring he stays imprisoned until the sunset of his virility.
Financial Compensation and Conviction Details
Under the modified sentence, the high court commuted the capital punishment under Section 302 of the Indian Penal Code to life imprisonment with a 50-year minimum actual term and increased the fine to Rs 50 lakh. The death sentence under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act was commuted to 23 years of rigorous imprisonment alongside a fine of Rs 23 lakh.
The court sustained additional convictions under IPC Sections 365, 366, 376-AB, and 201. All substantive prison sentences are to be served concurrently.
The total fine of Rs 73 lakh, once recovered from the convict, will be allocated equally among the surviving parents and siblings of the deceased child. With the commutation of the death penalty, the court formally dismissed the murder reference and partially allowed the convict’s appeal.
