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Confirms Death Penalty in Barbaric Gang Rape and Murder of 7-Year-Old Girl: A Case Under POCSO
Introduction
In a stark affirmation of the judiciary's resolve to combat heinous crimes against children, the has upheld the death penalty imposed on three men convicted of the gang rape and brutal murder of a 7-year-old girl in Mangaluru. A division bench comprising Justice H.P. Sandesh and Justice Venkatesh Naik T, in a comprehensive 176-page judgment dated , dismissed appeals by the convicts—Jayban Adivasi @ Jay Singh, Mukesh Singh, and Manish Thirki—and confirmed the trial court's sentence in Criminal Referred Case No. 2/2024, connected with Criminal Appeals Nos. 2216/2024 and 2246/2024. The court described the offense as "barbaric" and emphasized that such acts must be "" to protect society, particularly vulnerable minors. The case, arising from an incident on , underscores the stringent application of the and provisions, highlighting the "" doctrine for capital punishment. The fourth accused, who absconded before the trial court's judgment, remains at large, with proceedings against him ongoing.
This ruling not only reinforces the legal framework's punitive measures against sexual violence on children but also sends a deterrent message amid rising concerns over child safety in India. The prosecution, represented by , argued for confirmation, while the defense, through advocates , , and (as amicus curiae), sought acquittal or sentence reduction, citing gaps and youth as .
Case Background
The tragic events unfolded on , at the Raj Tiles Factory in Vamanjoor, Mangaluru, where the victim, a 7-year-and-7-month-old girl, lived with her family—migrant workers from Jharkhand employed at the factory. The accused, also factory laborers, had conspired the previous day to sexually assault the child, exploiting the Sunday holiday when fewer workers were present.
According to the prosecution's narrative, detailed in the 52-article charge sheet filed by the , the accused Nos. 1 to 3 (Jayban, Mukesh, and Manish) and the absconding accused No. 4 approached the girl while she played with her siblings near the factory premises around 1:00-1:30 p.m. Lured with sweets (chikkies) purchased by accused No. 1 from a nearby shop, the child was taken to an unused brick kiln room without CCTV coverage. There, the three accused sequentially subjected her to aggravated penetrative sexual assault and unnatural offenses, causing severe vaginal injuries and bleeding. As the girl cried in pain, accused No. 1 strangled her by pressing her neck and mouth, leading to her death by asphyxia due to manual strangulation.
To conceal the crime, the perpetrators moved the body to another room, monitored public movement, and later dumped it in a drainage covered by stone slabs. The shorts were discarded outside the room. The body was discovered around 6:00 p.m. by the victim's mother (PW-1), who noticed the absence of lower clothing and injuries on the private parts, anus, neck, and face. The parents, suspecting the accused due to prior inappropriate behavior (offering chocolates and touching the girl, leading to quarrels), lodged FIR No. 95/2021 under and .
Investigation by PSI Vishwavijetha S.K. (PW-20) involved spot mahazar (Ex. P2), inquest (Ex. P3), post-mortem by Dr. S.K. Vishwavijetha and Dr. Rashmi K.S. (Ex. P23-24), CCTV footage analysis from eight cameras (Ex. P19, P44), and forensic examinations. Key evidence included blood-stained clothes recovered at the accused's instance (M.Os. 22-45), penile swabs, DNA profiles matching accused Nos. 2 and 4 to seminal stains on vaginal swabs (Ex. P66), and undigested chikki particles in the stomach confirming the lure. The trial court () convicted the three under on , sentencing them to death on , with a reference under for confirmation.
The legal questions centered on: (1) Whether the formed an unbroken chain proving guilt ; (2) If the case qualified as "" warranting death penalty, balancing aggravating and .
Arguments Presented
The appellants' counsel, led by for accused No. 1 and for Nos. 2 and 3, mounted a vigorous defense, arguing the case rested solely on lacking an , per Sharad Birdhichand Sarda v. State of Maharashtra (1984) 4 SCC 116. They contended prior suspicion was an afterthought, absent from the initial FIR (Ex. P1), and witnesses PW-1 and PW-22's claims of earlier misconduct were uncorroborated and motivated by family distress. The "last seen" theory via PW-5 (neighbor) and PW-21 (brother) was dismissed as unreliable—PW-21's statement, recorded 24 days later, showed improvements, and PW-5's account contradicted the FIR. CCTV footage (Ex. P44, M.O. 8) showed accused No. 1 moving freely without the victim, and no footage captured the abduction.
On recoveries, they argued blood stains on clothes (M.Os. 25-27 for accused No. 1) were inconclusive—FSL reports (Ex. P21, P66) failed to confirm human origin or blood group linkage to the victim, per Kansa Behera v. State of Orissa (1987) AIR SC 1507 and Mustkeem v. State of Rajasthan (2011) 11 SCC 724. No DNA matched accused Nos. 1 and 3, and penile swabs reflected their own 'B' group blood, not the victim's. Medical exams (Ex. P35) showed no injuries on accused No. 1, undermining assault claims. They invoked Raja v. State of Haryana (2015) 11 SCC 43, urging acquittal due to reasonable doubt.
For sentencing, youth (ages 23-42) was highlighted as mitigating, arguing life imprisonment sufficed, as the crime wasn't premeditated beyond lust, and reformation was possible without prior records.
The prosecution, via Additional SPP Rashmi Jadhav, and amicus curiae for the victim, countered that the chain was complete: prior suspicion in inquest (Ex. P3) and PW-22's testimony established motive; last seen via PW-5, corroborated by PW-3 and PW-4, showed accused playing with the children before vanishing (1:00-1:30 p.m.), aligning with CCTV gaps. Recoveries under were voluntary (Ex. P45-49), with human 'B' group blood (victim's) on clothes, supported by DNA matches for Nos. 2 and 4 (Ex. P66). Post-mortem (Ex. P24) confirmed throttling post-assault, with 16 ante-mortem injuries and undigested chikki proving lure. They relied on Sambhubhai Raisangbhai Padhiyar v. State of Gujarat (2025) 2 SCC 399 for POCSO presumptions under Sections 29-30.
On sentencing, they invoked Bachan Singh v. State of Punjab (1980) 2 SCC 684 and Machhi Singh v. State of Punjab (1983) 3 SCC 470, arguing —brutal gang rape of a helpless minor, murder to conceal, societal shock—outweighed mitigation. Citing Manoj Pratap Singh v. State of Rajasthan (2022) 9 SCC 81 and Haresh Mohandas Rajput v. State of Maharashtra (2011) 12 SCC 56, they urged confirmation, as life terms would undermine deterrence against child crimes.
Legal Analysis
The High Court's reasoning meticulously dissects the , affirming the trial court's findings under the from Sharad Birdhichand Sarda (supra): circumstances fully established, consistent only with guilt, conclusive, excluding alternatives, and forming a complete chain. Rejecting defense claims, the bench noted prior suspicion's credibility via inquest statements, not requiring FIR inclusion amid parental shock. Last seen evidence from PW-5 was reliable, corroborated by PW-3/PW-4's accounts of accused's alcohol-induced stupor post-crime, and CCTV (Ex. P44) confirmed their presence and unexplained absence during the 1:00-1:30 p.m. window, per Subramanya v. State of Karnataka () 11 SCC 255.
Recoveries were upheld as voluntary, with FSL/DNA reports (Ex. P21, P66) linking 'B' group human blood (victim's) to clothes, dismissing inconclusive stains arguments via Balwan Singh v. State of Chhattisgarh (2019) 7 SCC 781—human origin sufficed, especially with unchallenged blood grouping (Ex. P25-28). No injuries on accused No. 1 didn't negate participation, as assaults were sequential. Chikki recovery (M.O. 29) and stomach contents (250g undigested particles with black powder) tied to PW-12's testimony, proving deception.
Legally, the court applied POCSO's presumptions (Sections 29-30), invoking Sambhubhai (supra) for aggressive assault evidence. For death penalty, it balanced per Bachan Singh and Machhi Singh : aggravating (heinous gang rape/murder of child, depravity, societal harm) outweighed mitigating (youth, no priors), per Manoj Pratap Singh and Vasanta Sampat Dupare v. State of Maharashtra (2015) 1 SCC 253. Distinguishing from cases like Sambhubhai (25-year term due to partial reformation chance), here brutality—16 injuries, strangulation—shocked conscience, qualifying as "" under Haresh Mohandas Rajput (supra), where child victims demand iron-fisted response. Article 21's dignity was weighed, but collective conscience prevailed, curbing lust-driven crimes against innocents.
The analysis clarifies quashing vs. confirmation: unlike settlements in Gian Singh v. State of Punjab (2012) 10 SCC 303 (non-heinous), this diabolic act against a minor precluded leniency, emphasizing POCSO's 2019 amendments raising minima to 20 years/death for aggravated assaults (Section 6).
Key Observations
The bench's judgment is replete with poignant excerpts underscoring the crime's gravity:
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"The accused persons inhumanely in a brutal manner subjected the victim girl, who is aged about 7 years and 7 months for continuous sexual act one by one, without caring the life of the victim and the same is nothing but a of gang rape..."
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"Having taken note of all these factors into consideration, this Court is of the opinion that the sentence of life imprisonment renders inadequate... the scale of justice tilts in favour of the prosecution and there are no mitigating circumstances favouring the accused to reduce the sentence, since it is a gang rape on a minor girl... If lesser sentence is imposed, it will give a wrong message to the society... such act has to be ."
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"The victim was innocent, helpless and also a child and victim was having trust with the accused persons... The accused persons have committed gang rape on a minor girl... continuously, without caring for her life and satisfied their lust in a brutal manner. The accused persons not only committed forcible sexual act i.e., aggravated sexual act, but further taken the life of the girl. The same shocks not only the judicial conscience but even the ."
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"This Court has opined that it is a case of case and comes within the aggravating circumstances... When the crime is enormous in proportion... the crime is committed so brutally that it pricks or shocks not only the judicial conscience but even the ."
These observations, drawn verbatim from the 176-page order, encapsulate the court's horror at the depravity and rationale for capital affirmation.
Court's Decision
The division bench unequivocally dismissed the appeals and confirmed the death sentences, ordering: "The accused Nos.1 to 3 shall be hanged by their neck till death." The conviction under stands, with concurrent terms and fines totaling Rs. 1,20,000 (plus Rs. 3,80,000 victim compensation under ). Records were remitted for accused No. 4's trial continuation.
Practically, this upholds the trial court's , order, ensuring execution post-Supreme Court appeal rights. Implications are profound: it deters gang sexual violence against minors, reinforcing POCSO's rigor amid data showing 50,000+ child sex offenses. Future cases may cite this for "" thresholds in child homicides, prioritizing societal protection over individual mitigation. Yet, it prompts reflection on rehabilitation, as Bachan Singh mandates balanced scrutiny. For legal practitioners, it stresses forensic/DNA's pivotal role in circumstantial proofs and appeals' narrow scope in heinous convictions. The ruling, while just, highlights systemic needs like faster trials and child-safe workplaces, ensuring such barbarity doesn't erode trust in justice.
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