The Supreme Court has stayed the death sentence of a man convicted of raping and murdering a five-year-old girl in Bhopal. The Court will review his mental health, prison conduct, and other mitigating factors before deciding on the final punishment.
The Supreme Court of India has recently stayed the death penalty awarded to a man convicted of raping and murdering a five-year-old girl in Bhopal in the case of Atul Nihale vs. State of Madhya Pradesh. The Court said that before deciding whether the death sentence should remain, it must first examine important information about the convict’s mental health, behaviour in prison, and other mitigating circumstances.
A Bench of Justices Vikram Nath, Sandeep Mehta and N. V. Anjaria passed the order while hearing the appeal filed by the accused against the decision of the Madhya Pradesh High Court which had confirmed the death sentence.
ALSO READ: Shocking Negligence: Delhi Court Slams Police in Brutal Rape Case of 4-Year-Old
The Supreme Court directed the authorities to collect detailed reports regarding the convict’s psychological condition, background, and conduct inside prison. The Bench also allowed mitigation investigator Devika Rawat from the Square Circle Clinic at NALSAR University of Law to meet the accused in jail and prepare a mitigation investigation report that will help the Court examine the sentencing issue.
The Court also directed jail officials to ensure that these interviews are conducted in complete privacy and without prison staff being within hearing distance.
The criminal case began in 2024 when a five-year-old girl went missing from her neighbourhood in Bhopal, Madhya Pradesh. According to the prosecution, the child’s mother approached the police after the girl did not return home.
A complaint was registered at Shahjahanabad Police Station on September 24, 2024. The police initially registered a missing person report and started searching for the child in nearby areas.
Two days later, on September 26, the police team conducting search operations noticed a foul smell coming from the Bajpai Nagar area near Eidgah Hills.
ALSO READ: BREAKING | Prajwal Revanna Sentenced to Life Imprisonment in Rape Case
The police then traced the smell to a flat located in the locality. When officers entered the apartment, they found the child’s body inside a white plastic water tank placed in the bathroom. The body was later identified by the child’s father and other relatives.
During the investigation, police arrested the accused who was living in the same apartment from where the child’s body was recovered.
Investigators recorded the disclosure statement of the accused and recovered several items from the flat, including clothes and a knife. These items, along with biological samples collected from the crime scene, were sent for forensic analysis.
DNA examination conducted at the Regional Forensic Science Laboratory reportedly matched the accused with materials found at the crime scene.
In March 2025, the trial court convicted the accused under several provisions of the Bharatiya Nyaya Sanhita and the Protection of Children from Sexual Offences Act (POCSO Act) for offences including rape and murder. The trial court awarded multiple punishments, including the death penalty for certain charges.
The accused challenged this judgment before the Madhya Pradesh High Court.
A High Court bench of Justices Vivek Agarwal and Ramkumar Choubey examined the evidence and described the brutality of the crime in detail. The High Court recorded that the accused had gagged the minor girl and used a knife in an extremely violent manner during the assault.
The court observed that the accused had gagged the girl, and used a knife for enlarging her vagina so his penis could enter with ease. When blood started spurting out her vagina, he wiped it with a cloth and continued raping her. After her eventual death, the accused put her body in a plastic tank.
The High Court also noted that the accused failed to provide any explanation about how the child’s body was discovered inside the flat where he was living.
It further relied on medical evidence, which clearly established that the child had been sexually assaulted and that she died due to severe injuries in the pelvic region.
After considering the brutality and circumstances of the crime, the High Court held that the case fell within the “rarest of rare” category and confirmed the death sentence imposed by the trial court.
Following this decision, the accused approached the Supreme Court challenging both his conviction and the death sentence.
While hearing the appeal, the Supreme Court stayed the execution of the death penalty and stated that it will review the matter after receiving reports regarding the convict’s psychological condition, conduct in prison, and possible mitigating factors.
The Court also directed the Bhopal Memorial Hospital and Research Centre to conduct a detailed psychological evaluation of the convict through a specialised team. The hospital has been asked to submit its findings within twelve weeks.
The Supreme Court has scheduled the matter to be heard again after sixteen weeks, once all reports and evaluations are submitted.
The accused was represented by advocates Rishad Ahmed Chowdhury, Nadia Shalin, Ahona Chatterjee and Sohini Sanyal.
The State of Madhya Pradesh was represented by advocates Rajan Kumar Chourasia and Mrinal Gopal Elker.
Click Here to Read More Reports On Brutal Rape
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
