4 min readVadodaraUpdated: Feb 2, 2026 09:06 PM IST
The Additional Sessions Court in Valsad had awarded the death sentence to the convict on January 30, 2023, besides a concurrent sentence of seven years’ rigorous imprisonment and fine of Rs 10,000.
The Gujarat High Court (HC) on Friday commuted the sentence of a convict from death penalty to life imprisonment in a case involving the rape and murder of a minor girl, stating that the trial court “did not prepare a balance sheet of aggravating and mitigating circumstances” while handing out the death sentence.
The division bench of Justices I J Vora and R T Vachhani delved into the possibility of reformation and rehabilitation of the convict, analysing several court precedents that converted death sentences to life imprisonment and held that the trial court had “failed to conduct an inquiry to ascertain the mitigating circumstances as well as to foreclose the possibility of reformation and rehabilitation of the appellant” in the present case.
The court was hearing a criminal confirmation case for the death penalty – a mandatory process of law where the death sentence cannot be executed until confirmed by the high court, even in the absence of an appeal by the convict. In the present case, the convict had also simultaneously appealed against the sentence.
Considering the “background, social conditions” of the convict, who worked as a labourer in a factory at the time of the incident, the 44-page oral judgment of the High Court stated, “it cannot be said that he would be a menace to the society in the future.”
The court said, “We may take notice of the fact that the crime was heinous and inhuman, but… it cannot be held with certainty that this case falls in the ‘rarest of rare case’… (the trial court) also did not prepare a balance sheet of aggravating and mitigating circumstances and there is no definite finding that the option of imposing of any penalty other than death penalty is unquestionably foreclosed and would be insufficient…and also (the trial court) did not observe that the convict is beyond reformation and would be a menace to the society if allowed to return after specific period of time.”
The Additional Sessions Court in Valsad had awarded the death sentence to the convict on January 30, 2023, under section 302 of the Indian Penal Code and section 6 of the Protection of Children from Sexual Offences (POCSO) Act as well as a concurrent sentence of seven years’ rigorous imprisonment and a fine of Rs 10,000 for causing the disappearance of evidence.
The victim in the case was living in a common chawl where the convict used to visit his aunt’s house for lunch and dinner. The prosecution’s case was that on February 2, 2020, the victim was alone in her family’s room in the chawl after returning from school when the convict gained forceful entry and sexually assaulted, raped and strangulated the victim by “increasing the volume of the TV” as there was “resistance by the child and to avoid further interference of third party”.
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The prosecution’s case was that the man raped and “strangulated her and put the scarf on her neck after killing her…” and the girl’s body was hung from the ceiling fan using the scarf to make it appear “that the deceased committed suicide”. A total of 17 prosecution witnesses deposed in the case, including a witness who had seen the man enter the room of the child. The other evidence produced by the prosecution included a locket found at the place of the incident, which belonged to the man. The post-mortem report had also indicated “antemortem injuries” in the private parts of the victim.
Noting that the appellant had “no past criminal antecedent nor he is a habitual offender”, the judgment stated, “The prosecution failed to place on record necessary data… to show that he would commit criminal acts of violence in the future…considering the age of the…appellant, the possibility of reformation and rehabilitation of him cannot be ruled out.”
Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues.
Expertise:
Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including:
Politics and Administration: In-depth analysis of dynamics within factions of political parties and how it affects the affairs in the region, visits of national leaders making prominent statements, and government policy decisions impacting the population on ground.
Crucial Regional Projects: She consistently reports on the socio-economic and political impact of infrastructure projects in the region, especially the Statue of Unity, the Sardar Sarovar Project on the Narmada River, the Mumbai-Ahmedabad High Speed Rail bullet train project as well as the National Highway infrastructure.
Social Justice and Human Rights: Her reporting offers deep coverage of sensitive human-interest topics, including gender, crime, and tribal issues. Her reports cover legal proceedings from various district courts as well as the Gujarat High Court (e.g., the Bilkis Bano case remission, POCSO court orders, Public Interest Litigations), the plight of tribal communities, and broader social conflicts (e.g., Kheda flogging case).
Local Impact & Disaster Reporting: Excels in documenting the immediate impact of events on communities, such as the political and civic fallout of the Vadodara floods, the subsequent public anger, and the long-delayed river redevelopment projects, Harni Boat Tragedy, Air India crash, bringing out a blend of stories from the investigations as well as human emotions.
Special Interest Beat: She tracks incidents concerning Non-Resident Gujaratis (NRIs) including crime and legal battles abroad, issues of illegal immigration and deportations, as well as social events connecting the local Gujarati experience to the global diaspora. ... Read More
