The Supreme Court modified the death sentence awarded to an accused under Section 6 of the POCSO Act, replacing it with 25 years of rigorous imprisonment and a fine of ₹10,000. In default, the accused will serve an additional one year of rigorous imprisonment without remission. A four-year-old girl went missing on the night of 30-10-2022 while sleeping with her cousin in a hut in Khandwa, Madhya Pradesh. The accused, a dhaba worker, had asked to sleep on a cot near the hut that night. By morning, both the girl and the accused were missing. Police grew suspicious and interrogated him. He led them to a mango orchard where they found the girl unconscious and badly injured. She had suffered severe sexual assault injuries and was rushed to Bombay Hospital, Indore. Forensic evidence, including DNA samples, confirmed the accused’s involvement. The Special Judge under the POCSO Act found him guilty. He was sentenced to death under Section 6 of the POCSO Act and also convicted under Sections 307, 363, 450, and 201 of the IPC.
The Court held that the appellant’s conduct, although “barbaric,” did not meet the threshold of “brutal” required to attract the death penalty. The Court emphasised that not all heinous crimes fall into the “rarest of rare” category warranting capital punishment. The Bench found the act deeply disturbing but concluded it did not justify the death sentence.
