HC commutes death of man who raped, killed 6-year-old

“Sexual offenders can be classified as criminal sexual psychopaths who are least dangerous, sexually dangerous persons, and dangerous and violent sexual predators and offenders who lack empathy and remorse,” the court observed.

“The first category does not inflict any physical pain on the victim, the second category, while perpetrating the crime, causes grotesque suffering to the victim and the last category causes not only grotesque suffering to the victim but even defiles the victim after the crime,” the court said.

“Bharat Kumar falls in the second category, who not only perpetrated crime but caused grotesque suffering to the victim by raping a minor girl of tender age of six years and, thereafter, committing her murder by smashing her head with a stone,” the Bench said.

“Thus, Bharat Kumar is a sexually dangerous person and not a dangerous sexual predator and offender. Hence, the solution to the present case is not by removing Bharat Kumar from the earth, but guarding the society against him so that he does not act dangerously to other innocent lives,” the court said.

The court, however, specified that “no remission would be granted to him before completion of 25 years of actual imprisonment” and also imposed a fine of Rs 1 lakh on him. The fine, if recovered, will be paid to the parents of the victim as compensation, it said.