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Rape, murder of 5-year-old: HC sets aside death penalty, sends case back to trial court

Division bench asks Jhajjar sessions court to “expedite the hearing by striking a balance between Speedy Justice and Buried Justice.”

3 min readChandigarhUpdated: Jan 19, 2026 10:57 PM IST

The court found critical defects in the recording of the accused’s statement under Section 313 of the Code of Criminal Procedure, 1973 (now Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which, it said, denied him a fair opportunity to explain key evidence.

The court found critical defects in the recording of the accused’s statement, which, it said, denied him a fair opportunity to explain key evidence. (File Photo)

The Punjab and Haryana High Court Monday quashed the conviction and subsequent death sentence awarded to a 27-year-old man in the brutal rape and murder of a five-year-old girl in Jhajjar, Haryana, in 2020 citing major procedural errors in the trial.

Hearing the death reference and the convict’s appeal, a division bench of Justices Anoop Chitkara and Justice Sukhvinder Kaur, set aside the trial court’s order and sent back the case to the sessions court for a fresh hearing and judgment.

The court found critical defects in the recording of the accused’s statement under Section 313 of the Code of Criminal Procedure, 1973 (now Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which, it said, denied him a fair opportunity to explain key evidence.

The victim was abducted on her fifth birthday during the intervening night of December 20-21, 2020.

The accused, a plumber with prior criminal antecedents, allegedly reached the family’s rented house while under the influence of alcohol, abducted the child, and took her to his own house just 40-50 metres away. He locked the doors, sexually assaulted her and then smothered her to death.

Police found the child naked and motionless, with the accused half-naked lying over her. The postmortem confirmed death by “asphyxia due to homicidal smothering” and evidence of forcible sexual assault. DNA evidence and scene recoveries strongly linked the accused.

The trial court had convicted the man under sections 302 (murder), 376-AB (rape of child below 12), 377 (unnatural offences) of the IPC, and Section 6 of the POCSO Act, imposing the death penalty besides other sentences.

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The high court, however, highlighted that crucial evidence, such as the DNA report, the parents’ statements under Section 164 CrPC, and the toxicology report, were never put to the accused for explanation. The questions framed were lengthy and compound, lumping multiple facts together instead of individually presenting each incriminating circumstance.

Disposing of the plea filed by the 27-year-old “to the extent that the judgment of conviction and the order of sentence is quashed and set aside,” the bench ordered that “the matter is remanded back to the Sessions Court…”.

The court directed: “The trial Court shall put all the incriminating evidence to the accused by making small questions as per the facts and evidence… and after that afford him an opportunity to lead defence evidence, if he wants to do so… Thereafter, on hearing the parties pass a fresh judgment in accordance with the law.”

The murder reference was disposed of as infructuous. Noting the case’s pendency since 2021 and the 2020 FIR, the bench requested the trial court “to expedite the hearing by striking a balance between Speedy Justice and Buried Justice.”

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The ruling emphasises fairness to the accused without disregarding justice for the victim, remanding the case to resume from the stage of proper examination under the law rather than ordering a full retrial from scratch.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More