'Not Rarest Of Rare Case': Calcutta HC Commutes Convict's Death Sentence In Rape-Murder Of Minor

Last Updated:June 26, 2025, 22:13 IST

However, the court unequivocally upheld the conviction, noting that the evidence established his guilt beyond any reasonable doubt

The court found merit in the prosecution’s case, noting that medical and circumstantial evidence 'safely established' that the victim was subjected to repeated sexual assault and subsequently murdered. File pic

The Calcutta High Court has commuted the death sentence awarded to a man convicted for the rape and murder of a minor girl, citing his lack of criminal antecedents, stable social conduct, and advanced age of 58 years as mitigating factors.

However, the court unequivocally upheld the conviction, noting that the evidence established his guilt beyond any reasonable doubt.

The division bench of Justice Debangsu Basak and Justice Md Shabbar Rashidi delivered the judgment while deciding the convict’s appeal against the trial court’s verdict and a reference for confirmation of the death sentence.

Background of the Case

The case stems from a complaint lodged by the victim’s uncle, who alleged that on August 8, 2016, he received a call stating that his niece, then working as domestic help at the convict’s residence, was seriously ill.

Upon arriving at the convict’s house, the uncle and the victim’s mother found her dead in a locked bathroom. The body was partially burnt.

Suspecting foul play, the family accused the convict of raping and murdering the girl, and then attempting to destroy the evidence by setting her body on fire.

The trial court convicted the accused under Sections 376(2)(i)(k) (rape), 302 (murder), and 201 (causing disappearance of evidence) of the Indian Penal Code, as well as Section 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act, and awarded him the death penalty.

Arguments and Evidence

Senior advocate Kaushik Gupta, representing the convict, challenged the credibility of the circumstantial evidence, arguing that the prosecution had failed to prove the guilt of his client beyond a reasonable doubt.

The senior counsel submitted that the bathroom was locked from the inside and broken open only upon the family’s arrival, suggesting possible alternative scenarios. Gupta also argued that the lack of noise or disturbances heard by neighbouring masons raised questions about the prosecution’s version.

On the other hand, additional public prosecutor (APP) Debasish Roy maintained that the prosecution had presented a complete and coherent chain of evidence that clearly established the convict’s guilt.

The court found merit in the prosecution’s case, noting that medical and circumstantial evidence “safely established" that the victim was subjected to repeated sexual assault and subsequently murdered.

“The chain of circumstances is complete and neatly woven to exclude the intervention of anybody other than the appellant in the commission of the offence," the bench held.

Court’s Reasoning on Sentence

While the High Court affirmed the conviction, it commuted the death sentence to life imprisonment, holding that the case did not fall under the “rarest of rare" category warranting capital punishment.

Referring to settled Supreme Court precedents, the HC noted that the death penalty must only be imposed when the possibility of the convict’s reformation is ruled out.

The convict, a 58-year-old former labourer, had no history of criminal behaviour or psychological instability. “The convict is not reported with any criminal antecedent or unstable social behaviour in the past… there was no history of mental or psychological illness reported against him," the bench stated.

Additionally, the court found no evidence suggesting prior enmity between the victim and the convict or between their families. It observed that the convict’s wife, being a working woman, may have allowed the accused the opportunity to exploit the victim’s vulnerability.

In its judgment, the court said, “In an anxiety to get off with the consequences [of the assault], the convict killed the victim and set the dead body on fire with a view to cause disappearance of evidence of crime."

Yet, it concluded that these circumstances, although egregious, were not sufficient to deny the possibility of reformation.

Upholding the conviction but modifying the sentence, the High Court ordered that the convict serve life imprisonment for the offences under IPC and POCSO, and accordingly disposed of the appeal and the death reference.

Sukriti Mishra

Sukriti Mishra, a Lawbeat correspondent, graduated in 2022 and worked as a trainee journalist for 4 months, after which she picked up on the nuances of reporting well. She extensively covers courts in Delhi.

Sukriti Mishra, a Lawbeat correspondent, graduated in 2022 and worked as a trainee journalist for 4 months, after which she picked up on the nuances of reporting well. She extensively covers courts in Delhi.

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