The Punjab and Haryana High Court commuted the death penalty in a minor’s rape-murder case to life imprisonment, holding that “Raja Beta” syndrome, though condemnable, has no place in criminal law and cannot attract punishment.
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CHANDIGARH: The Punjab and Haryana High Court has commuted the death sentence of Virender alias Bholu, convicted for the rape and murder of a five-and-a-half-year-old girl in 2018, to rigorous imprisonment for life with a minimum of 30 years without remission.
The court also acquitted his mother, Kamla Devi, observing that there is no provision under the Indian Penal Code (IPC) to punish her merely for attempting to protect her son, referred to by the bench as the “Raja beta” mindset.
A division bench of Justices Anoop Chitkara and Sukhvinder Kaur ruled that the murder appeared to be the result of panic to destroy evidence of rape rather than a premeditated act. The judges emphasized that capital punishment should be imposed only in the “rarest of rare” cases and that when two reasonable views are possible, the law mandates choosing the less irreversible option.
The court stated that:
- There was no material to show that the convict was beyond reform
- He had no criminal antecedents
- His conduct in prison was satisfactory
- Life imprisonment without remission for 30 years would sufficiently incapacitate the convict and protect society
The fine imposed on the convict was also enhanced to ₹30 lakh.
In an observation on sentencing philosophy, the High Court said deterrence through the death penalty should not be treated as a monolithic solution.
“To espouse a monolithic theory of deterrence is unscientific. Courts must not put all punitive eggs in the ‘hanging’ basket but instead adopt a humane mix.”
The bench added that sentencing must consider multiple stakeholders, the crime, the victim, the offender, the offender’s family, society, and the State, and must be balanced and proportionate.
While the trial court in 2020 had convicted Kamla Devi for criminal conspiracy and destruction of evidence, sentencing her to rigorous imprisonment, the High Court overturned the conviction.
The bench held that:
- Kamla Devi was not present at home when the crime occurred
- There was no legally admissible evidence proving conspiracy or destruction of evidence
- Her actions, though morally condemnable, did not constitute a punishable offence under the IPC
The judgment has drawn attention for its candid remarks on entrenched social attitudes.
“Unfortunately, in this part of India, family members, especially mothers, often have such blind love for their precious sons that no matter how villainous they may be, they are still regarded as ‘Raja Betas.’”
The court acknowledged that Kamla Devi prioritized shielding her son instead of reporting the crime, calling the behavior “appalling” but legally non-punishable.
“Kamla Devi’s only fault was trying to protect her Raja beta, for which she cannot be punished under the Indian Penal Code.”
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Case Background: 2018 Child Rape and Murder
The crime occurred in May 2018. Virender, a tent installer who had worked with the victim’s father for several years, took the child to his home under the pretext of returning after lunch. There, he raped and murdered her using a kitchen knife and hid her body in a flour storage container. Kamla Devi was not at home at the time of the incident.
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