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Karnataka High Court upholds death penalty in child’s ‘barbaric’ gang-rape, murder: ‘To be curbed with iron hands’

Karnataka High Court News: If a lesser sentence is imposed on the convicts in the Mangaluru child's gang-rape and murder case, it will give a wrong message to society and the public at large, the Karnataka High Court’s order emphasised.

Karnataka High Court Pocso case death penaltyKarnataka legal news: The offence was committed with the intention to create a fear psychosis in the public at large, the Karnataka High Court stated. (Image generated using AI)

Karnataka High Court Latest News: The Karnataka High Court has confirmed the death penalty for three men convicted in a “barbaric” case involving the gang-rape and murder of a seven-year-old girl.

A division bench of Justices H P Sandesh and Venkatesh Naik T on February 6 dismissed a plea filed by the convicts against the trial court order and affirmed that the crime fell within the “rarest of rare” category.

Justices H P Sandesh and Venkatesh Naik T Karnataka high court Justices H P Sandesh and Venkatesh Naik T said the crime fell within the “rarest of rare” category.

“The accused persons subjected the survivor girl inhumanely in a brutal manner, subjected the survivor girl to continuous sexual acts one by one, without caring for the life of the survivor, and the same is nothing but a ‘barbaric’ act of gang rape, the court observed.

The order emphasised that if a lesser sentence is imposed, it will give a wrong message to society and the public at large, and this act of subjecting the minor girl to satisfy their lust would be encouraged and such an act has to be curbed with iron hands.

The court added that, in the facts and the circumstances of the case, the accused believed that he was morally justified in committing the offence.

Background

  • The incident occurred in 2021 in Mangaluru.
  • According to the prosecution, the accused conspired and lured the seven-year-old survivor by offering her snacks and coins.
  • They took her to an isolated place where they subjected her to sexual assault, and one of the accused strangled her to death.
  • To conceal the crime, they hid her body in a drainage pipe covered by a stone slab.
  • After the trial, the sessions court had sentenced the three men to death.

Court’s findings

  • It is a clear case of homicide and subjecting the child to sexual acts, that too by a group of persons, i.e., the accused persons.
  • The accused persons were present in the very same vicinity, and it was pre-planned to have forcible sexual intercourse with the child, knowing well that she was below the age of 12.
  • It is a case of gang rape, and all the accused, with an intention to satisfy their lust, had an eye on the girl, who is aged about seven years seven months, wherein strict punishment is provided in view of the amendment made to the Protection of Children from Sexual Offences (POCSO) Act.
  • The condition of the accused shows that he was mentally defective, and the defect impaired his capacity to appreciate the circumstances of his criminal conduct.
  • The offence was committed with the intention to create a fear psychosis in the public at large and was committed in a public place by a weapon or device which clearly could be hazardous to the life of more than one person.
  • The crime was not committed in a preordained manner, and the death resulted in the course of commission of another crime, and there was a possibility of it being construed as a consequence of the commission of the primary crime.
  • The accused persons forcibly committed the sexual act on the survivor, which is a brutal act, and even took the life of the survivor and threw the dead body in the drainage to screen the evidence.
  • The court has to take note of human values while imposing the death sentence, as discussed in relation to Article 21 of the Constitution in the case of Manoj Pratap Singh v State of Rajasthan.
  • The trial court has taken note of all these matters into consideration, and such an act was done against a minor girl aged about seven years and seven months, and it is nothing but a crime against society at large.

Jagriti Rai works with The Indian Express, where she writes from the vital intersection of law, gender, and society. Working on a dedicated legal desk, she focuses on translating complex legal frameworks into relatable narratives, exploring how the judiciary and legislative shifts empower and shape the consciousness of citizens in their daily lives. Expertise Socio-Legal Specialization: Jagriti brings a critical, human-centric perspective to modern social debates. Her work focuses on how legal developments impact gender rights, marginalized communities, and individual liberties. Diverse Editorial Background: With over 4 years of experience in digital and mainstream media, she has developed a versatile reporting style. Her previous tenures at high-traffic platforms like The Lallantop and Dainik Bhaskar provided her with deep insights into the information needs of a diverse Indian audience. Academic Foundations: Post-Graduate in Journalism from the Indian Institute of Mass Communication (IIMC), India’s premier media training institute. Master of Arts in Ancient History from Banaras Hindu University (BHU), providing her with the historical and cultural context necessary to analyze long-standing social structures and legal evolutions. ... Read More

 

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