“The accused committed the offence in order to satisfy his lust. He forcibly raped the 13-year-old defenceless school going girl and eliminated her life which is the ultimate insult to womanhood,” said the court while confirming death penalty to the convict who hails from Madhya Pradesh.
“It has come on record that she used to go on foot to her school and on the unfortunate day, she was returning alone from the school. The accused took this opportunity and helpless girl was subjected to sexual and brutal assault in a remote place where there was nobody to protect her,” said Justices V K Tahilramani and I K Jain.
Calling the convict’s act “beastly”, the judges said that after satisfying his lust he killed her as he thought she might expose him. “He buried her body in a naked condition in a ditch and covered the place with grass and mud. The modus-operandi of the accused clearly shows that he would be a menace to the society and there is no possibility of the accused being reformed,” the judges held in a 93-page order.
Earlier, on June 25, 2014 a session court convicted him under section 302 of the Indian Penal Code (IPC) and sentenced him to capital punishment. He was also convicted under section 366, sections 10 and 4 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and section 201 of IPC.
The HC took into consideration the fact that the offence was not committed in the spur of the moment. “It was pre-planned. The accused took the victim to a secluded place and raped her. The subsequent conduct of the accused indicates that he had felt no remorse. After commission of crime, he was found coolly wandering in the village,” the court said.
“The modus-operandi to commit the crime by resorting to diabolical method exhibits depravity, degradation and uncommon nature of the crime which had shocked the collective conscience of the community as well as the villagers who are required to send their minor girls to another village for education, in the era in which right to education is the constitutional guarantee,” held the High Court.