The court held that death sentence should be imposed only in rarest of rare cases considering the possibility of rehabilitation, thereby modifying the sentence to rigorous imprisonment for 20 years.

JUDGMENT :

K. SURESH REDDY, J:

1. By judgment dated 25.01.2023 in SC No.78 of 2021 on the file of the Court of learned Special Judge for Trial of Offences under Protection of Children from Sexual Offences Act, 2012, Prakasam District at Ongole (for short, 'the Trial Court'), the sole accused was found guilty of the offences under Sections 201 , 342, 366, 376-AB and 302 of INDIAN PENAL CODE (for short, 'IPC') and Section 6 read with Section 5 (l)(m)(r) of the Protection of Children from Sexual Offences Act, 2012 (for short, 2012 Act').

2. The sole accused was tried by the Trial Court under the following charges :

I charge was under Section 366 IPC;

II charge was under Section 342 IPC;

III charge was under Section 376-AB IPC;

IV charge was under Section 302 IPC,

V charge was under Section 201 IPC;

VI charge was under Section 6 of 2012 Act; and

Last charge was under Section 5 (I)(m)(r) of 2012 Act.

3. The Trial Court sentenced the accused to suffer rigorous imprisonment for seven years and also to pay a fine of Rs.500/-, in default to suffer simple imprisonment for a period of three months, for the offence under Section 201 IPC; to suffer rigorous imprisonment for one year and also to pay a fine of Rs.500/-, in default to suffer simple imprisonment for a period of three months, for the offence under Section 342 IPC; to suffer rigorous imprisonment for ten years and also to pay a fine of Rs.500/-, in default to suffer simple imprisonment for a period of three months, for the offence under Section 366 IPC; to suffer rigorous 'imprisonment for not less than twenty years which may extend to imprisonment for life which shall mean imprisonment for the remainder of natural life and also to pay a fine of Rs.500/-, in default to suffer simple imprisonment for a period of three months, for the offence under Section 376-AB IPC; to suffer death penalty and also to pay a fine of Rs.500/-, in default to suffer simple imprisonment for a period of three months, for the offence under Section 302 IPC and to suffer death penalty and also to pay a fine of Rs.500/-, in default to suffer simple imprisonment for a period of three months, for the offence under Section 6 read with Section 5 (l)(m)(r) of 2012 Act. All the substantive sentences were directed to run concurrently.

4. Since the accused was sentenced to suffer death penalty on two counts, the Trial Court by letter dated 25.01.2023 submitted the proceedings to this Court in terms of Section 366 of the Code of Criminal Procedure (for short, 'Cr.P.C.') for confirmation of death penalty. The Registry numbered the said letter as RT No.1 of 2023. Questioning the conviction and sentence recorded by the Trial Court, the accused preferred Criminal Appeal No.191 of 2023.

5. The substance of the charges is that on 08.07.2021 at about 3 p.m., the accused kidnapped the deceased, who was aged about 7 years, at Ambavaram Village, Giddalur Mandal, wrongfully confined her, committed rape on her and banged her head to a wooden cot causing her death and in the said process, he wiped blood with a quilt and packed the dead body in a plastic bag and threw it in a canal, thereby committed the offences punishable under Sections 201 , 342, 366, 376-AB and 302 IPC and Section 6 read with Section 5 (l)(m)(r) of 2012 Act. After completion of trial, the Trial Court convicted the accused as stated supra.

6. Case of the prosecution in brief is thus :

The accused as well as the material prosecution witnesses are residents of Ambavara