A Division Bench of Justices J B Pardiwala and A C Rao of the Gujarat High Court on Wednesday upheld a Bharuch court’s death sentence to a 25-year-old man, convicted of sexual assault and murder and under Protection of Children from Sexual Offences (POCSO) Act.
The convict, Shambhu Padhiyar, had lured a four-year-old boy to a secluded area, with an ice cream, in April 2016. Padhiyar sexually assaulted the boy several times before strangulating him to death at Piludara village in Bharuch. Padhiyar was arrested and chargesheeted for murder under IPC sections 302 (punishment for murder) and 364 (kidnapping or abducting in order to murder), besides sections 4 and 6 of the POCSO Act. The Bharuch court had awarded the accused death sentence in April 2018.
Advocate Kirtidev Dave, who was representing the accused, said, “The High Court observed that this was a rarest of rare case. I will advise my client to approach the Supreme Court.”