In a significant ruling, the Calcutta High Court has commuted the death sentence awarded to Suresh Paswan, who was convicted for the abduction, rape, and murder of a two-and-a-half-year-old girl. The child had been sleeping with her family under a flyover in Kolkata’s Khidderpore area when she went missing and was later found dead. The incident, which took place in July 2013, had shocked the city and led to a swift trial resulting in the death sentence.
The Division Bench comprising Justice Debangsu Basak and Justice Md. Shabbar Rashidi observed, “The circumstances of the case do not suggest that the offence committed was pre-planned or the result of enmity. Every murder is gruesome, but that alone cannot justify a death sentence. We do not find this to be a ‘rarest of rare’ case to warrant capital punishment.”
The Court was hearing Death Reference No. 02 of 2019 and Criminal Appeal No. 384 of 2019, which challenged the death sentence awarded by the City Sessions Court, Kolkata in March 2019. Paswan had been convicted under Sections 364, 376A, 302 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act.
Paswan, who worked as a horse caretaker at the Royal Calcutta Turf Club, was seen in the vicinity around the time the girl went missing. Witnesses testified that he was found loitering suspiciously near the family’s residence and was later seen carrying a child in his lap around 1:00 AM. The child’s body was discovered the next morning in a nearby drain, bearing signs of sexual assault and strangulation.
Despite the trial court's conclusion based on circumstantial evidence and the testimonies of several witnesses, the High Court considered Paswan’s socio-economic background, intellectual limitations, and lack of criminal history. The bench noted that his psychological report classified him as having mild mental disability, which could be attributed to illiteracy and extreme poverty.
“Possibility of reformation is a crucial aspect while awarding a death sentence,” the bench remarked, referring to recent Supreme Court decisions emphasising restraint in awarding capital punishment, particularly in cases based on circumstantial evidence.
The High Court upheld the conviction under all relevant sections, confirming that the evidence established Paswan’s guilt beyond doubt. However, it ruled that the case did not satisfy the strict threshold for the death penalty.
In light of this, the Court commuted Paswan’s death sentence to life imprisonment with a stipulation that he must serve a minimum of 50 years without any consideration for remission.
“The punishment must reflect the gravity of the crime but also consider the possibility of rehabilitation. Given the convict’s background and the legal standards set by the Supreme Court, we deem it appropriate to substitute the death penalty with life imprisonment for a term not less than 50 years,” the judgment stated.
This ruling reiterates the judiciary's cautious approach in applying the death penalty and underscores the importance of balancing justice with the possibility of human reform, even in cases involving heinous crimes against children.
Case Title: State of West Bengal vs. Suresh Paswan
Case Number: Death Reference No. 02 of 2019 with CRA No. 384 of 2019
Judgment Date: June 17, 2025
Judges: Justice Debangsu Basak and Justice Md. Shabbar Rashidi.
