In a significant ruling, the Calcutta High Court commuted the death sentences of two men convicted for the brutal rape and murder of a 5-year-old girl. The court replaced the capital punishment with life imprisonment without the possibility of remission for 60 years, considering the socio-economic background and potential for reformation of the convicts.
Case Background
The case stemmed from an incident on November 4, 2021, when the victim went missing from her home. Her father filed a police complaint alleging that the accused, Fagun Mandi @ Pui and another, had abducted her. The prosecution presented evidence that the minor was subjected to aggravated penetrative sexual assault using a bamboo stick and later strangled to death.
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The trial court convicted the accused under Sections 376 DB (gang rape), 302 (murder), and relevant sections of the POCSO Act, awarding them the death penalty. The convicts appealed to the High Court, challenging the verdict on grounds of procedural lapses, unreliable evidence, and the proportionality of the sentence.
The defense counsel, Senior Advocate Kallol Mondal, argued that the case did not meet the "rarest of rare" threshold required for capital punishment. He highlighted discrepancies in the recovery of the victim’s body and seized items, stating:
"There are material contradictions regarding the place of recovery. The prosecution’s case relies on circumstantial evidence with missing links, making the conviction unsustainable."
Additionally, the defense emphasized mitigating factors, including the convicts’ socio-economic backwardness, lack of criminal antecedents, and their conduct in custody, suggesting they were capable of reformation.
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The state, represented by Public Prosecutor Debasish Roy, maintained that the evidence conclusively established guilt. Witness testimonies and forensic reports confirmed the victim was last seen with the accused, and her body was recovered based on their disclosures. The prosecution argued that the brutality of the crime warranted the death penalty.
A division bench comprising Justices Debangsu Basak and Md. Shabbar Rashidi scrutinized the trial records, witness statements, and state reports on the convicts’ backgrounds. The court acknowledged the heinous nature of the crime but noted:
"The possibility of reformation cannot be ruled out. The convicts’ socio-economic conditions, mental health, and good conduct in custody weigh against imposing the death penalty."
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However, the bench emphasized that a mere life sentence would be inadequate. Instead, it imposed a 60-year non-remittable term, ensuring the convicts remain incarcerated for their natural lives.
The judgment referenced Supreme Court rulings, including Manoj vs. State of Madhya Pradesh (2023), which underscored that death sentences should only apply when lesser punishments are "unquestionably foreclosed." The court also distinguished the case from Machhi Singh vs. State of Punjab, reiterating that rigid categorization of crimes for capital punishment is impermissible under Bachan Singh vs. State of Punjab.
Case: State of West Bengal vs. Fagun Mandi @ Pui & Anr.
Case No.: DR 3 of 2023