MP high court commutes death penalty citing lack of education
Bhopal, June 21 -- The Madhya Pradesh high court has commuted the death sentence of a 20-year-old man convicted of raping a four-year-old girl, who was left permanently disabled due to the crime, noting that "his parents never tried to give him education" and that he was "never given the proper atmosphere to grow up".
The court said while the act was undeniably brutal, the accused "has not committed brutality".
According to FIR lodged by Khandwa police on October 31, 2022, Rajkumar alias Rajaram, who belonged to the Scheduled Tribes, abducted a four-year-old girl, who also belonged to tribal community, while she was sleeping in her hut with parents on October 30, 2022.
"He raped her and left the child in an unconscious state in a mango orchard, believing her to be dead," the FIR alleged.
On April, 21, 2023, a trial court in Khandwa awarded the death penalty to Rajaram under Section 6 of the Protection of Children from Sexual Offences (Pocso) Act and various sections of the IPC. He later challenged the verdict in the HC. Hearing the matter on June 19, the division bench of justice Vivek Agrawal and Devnarayan Mishra said: "The background of the Rajkumar is that he is an uneducated youth of 20 years of age and belongs to the tribal community and his parents never tried to give him education and (did) not properly take care of him, therefore he has left his house and was ...living and working in a dhaba (Restaurant). " The court converted his sentence to rigorous imprisonment of 25 years with a fine of Rs.10,000 , and an addition of one year of imprisonment in case the fine was not remitted....
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