The Punjab and Haryana High Court has decided to commute the death sentence imposed on a perpetrator convicted of a horrific rape case to life imprisonment. The case involves a 53-year-old individual who was found guilty of assaulting his wife, raping his 12-year-old daughter, and issuing death threats. The trial court initially sentenced the accused to death in November 2022, classifying the crime as a “rarest of rare” occurrence.
Chandigarh: The Punjab and Haryana High Court commutes the death sentence of a man found guilty of raping his underage daughter to life imprisonment, under the severity of extinguishing a life.
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Background
The case revolves around a 53-year-old individual accused of assaulting his wife, raping his 12-year-old daughter, and issuing death threats, as per an FIR filed at Sirsa women’s police station.
In November 2022, a fast-track court in Sirsa had imposed the death penalty, categorizing it as a “rarest of rare” occurrence.
The term “rarest of rare case” in the context of the POCSO Act refers to an exceptionally grave and heinous crime of sexual offense against a child. It signifies instances where the nature and circumstances of the crime are deemed extremely heinous, warranting the most severe punishment prescribed by law. When a court categorizes a case as the “rarest of rare,” it typically indicates that the offence is of an extraordinary and particularly depraved nature, often involving extreme violence or brutality against the child victim. In such cases, the court may consider imposing the harshest penalties available under the POCSO Act, including life imprisonment or even the death penalty, depending on the severity of the offense and other relevant factors.
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Hearing his appeal, a HC division bench comprising Justice G S Sandhawalia and Justice Lapita Banerji acknowledged the convict’s marginalised background and lack of prior criminal history. “We are of the considered view that the appellant… would deserve the sentence provided under the second option under section 6 of POCSO Act, which would extend to imprisonment for life for the remainder of his natural life,” HC said.
Section 6 of POCSO Act
Section 6 of the Protection of Children from Sexual Offences (POCSO) Act provides the punishment for aggravated penetrative sexual assault. According to this section, whoever commits aggravated penetrative sexual assault on a child shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine or with death penalty.
Nevertheless, the High Court emphasized the heinous nature of the offense and declined to show leniency solely because the accused had other children, one of whom was entrusted to his brother through adoption.
The Trial Court had advocated for capital punishment, citing injustice to the survivor and her mother. Upholding the conviction, the High Court stressed the absence of any credible evidence supporting the convict and upheld the provisions of section 29 of the POCSO Act.
