Case Title: Nand Kishore V. State of Madhya Pradesh
The Madhya Pradesh High Court had upheld the death sentence of a person convicted of raping and killing an eight-year-old girl, but the Supreme Court modified it to life sentence in prison in the present case.
The appellant was charged under Sections 5 and 6 of the Protection of Children from Sexual Offenses Act, 2012, in addition to the offences under Sections 302, 363, 366, and 376(2)(i) of the IPC.
Additionally, the trial court found that the appellant had raped and killed a young girl after carefully evaluating the evidence, which was primarily circumstantial. It imposed the death penalty by noting that the crime was horrible and barbarous and that it qualified as one of the rarest of rare situations.
Finally, in accordance with Section 366 of the Cr. P. C., a reference was made to the High Court for confirmation in light of the imposition of the death sentence. The accused appealed the conviction that had been recorded and the punishment that had been given, and the High Court dismissed the appeal while upholding the reference that had confirmed the death sentence.
Based on its evaluation of the submitted oral and written evidence, the Supreme Court agreed with the trial court's conclusions regarding the conviction.
Although the case is entirely based on circumstantial evidence, Justice Reddy's decision notes that the deceased's brother, who was with her when she went to a "Mela" on the tragic day, positively identified the accused during the Test Identification Parade and even categorically stated that the appellant had taken the deceased from the "Mela."
The death penalty is changed to life imprisonment with a real term of 25 years, and it has been clarified that the sentences imposed for all offenses are to run concurrently. As a result, the top court partially upheld the appeal while affirming the conviction.
The court considered the special circumstances of the appellant, including the fact that he was denied adequate legal representation in the matter, that he is a manhole worker who is around 50 years old and the fact that the courts below did not determine that there was no chance of his reformation.
Finally, the Bench changed the sentence to life imprisonment with a 25-year effective term and no chance of remission.