Observing that the crime was ‘barbaric and inhuman,’ and that it fell within the ‘rarest of rare category’, the Karnataka High Court upheld the death sentence awarded to three men convicted of gangraping 7 year old and later killing her. The order was delivered on February 6, where a bench of justices HP Sandesh and Venkatesh Naik T remarked that the crime was a ‘diabolical’ act that shocked the collective conscience of society, and these crimes must be controlled with ‘iron hands.’
Upholding the death sentence by a designated court for a Protection of Children from Sexual Offences (Pocso) case, the HC said that any lesser penalty would give a wrong message to society, particularly in cases involving brutal sexual offences against children and their killings.
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“The accused persons inhumanely, in a brutal manner subjected the victim girl, who is aged about 7 years and 7 months for continuous sexual act one by one, without caring for the life of the victim, and the same is nothing but a barbaric act of gang rape,” the high court said.
What Is The Case
The horrific crime occurred in 2021, when a 7-year-old daughter of migrant worker parents was gang-raped and killed on the outskirts of Mangaluru. The convicts were also working at a tile factory on the outskirts of Mangaluru, where migrant worker parents lived with their children.
As per the prosecution, the convicts were planning to execute the crime for months, and one day, when she was playing outside with her siblings, they lured the victim with some sweets and candies, and took her into a room without CCTV cameras. The three took turns to rape her. When the child screamed, they covered her mouth and pressed her neck, which led to her death ‘on the spot.’
Confirming the death sentence, the bench noted that the evidence on record, including forensic material, CCTV footage, witness testimonies and medical evidence, clearly demonstrated ‘premeditation, collective participation and an attempt to destroy evidence after the crime.’
The court also noted the observation made by the lower court, reiterating that the offence was marked by extreme brutality and barbarity and that the rape and murder of a minor amounted to a grave assault on the dignity of the child and the conscience of society.
The high court found no strong reasons to reduce the punishment, except for the young age of the accused. However, the court said that young age alone was not enough to decide the case.
Respecting the right to life under Article 21 of the Constitution and following Supreme Court guidelines, the high court ruled that when crimes against children or helpless women are “exceptionally cruel, inhuman, and brutal,” the balance tilts decisively in “favour of the death penalty.”