The Madhya Pradesh High Court at Jabalpur has commuted the death sentence awarded to Ram Narayan @ Bhanu Dhimar in a case involving the death of a very young child following sexual assault. A Division Bench of Justices Vivek Agarwal and Avanindra Kumar Singh held that although the conviction could not be faulted on the evidence considered by the Court, the case did not warrant the “rarest of rare” punishment of death.
The judgment was delivered on August 31, 2026, in Criminal Reference Capital No. 1 of 2026 along with connected criminal appeals.
Background of the Case
The case arose from an incident on March 1, 2023, involving a child aged about two years and five months. The prosecution alleged that the child had been left in Ram Narayan Dhimar’s custody while her mother went out with his wife. When the mother returned, she allegedly found the child seriously injured and immediately took her to the hospital. The child was later referred to Shahdol Medical College, where she died during treatment.
The post-mortem report recorded a skull fracture along with vaginal and anal injuries, with the doctors opining that the death was caused by head injuries combined with sexual assault. The investigation also led to the recovery of the child’s lower garment and a bedsheet from Ram Narayan’s house.
The trial court convicted Ram Narayan under Sections 302, 201 and 506 Part-II IPC and Sections 5(m)/6 of the POCSO Act and awarded him the death penalty. Rajkumar Dhimar and Pinky Dhimar were convicted under Section 506 Part-II IPC. The matter then reached the Madhya Pradesh High Court through the death reference and connected appeals.
The High Court examined the testimony of the victim’s mother, medical evidence, seizure evidence and the DNA report. The Bench noted contradictions in the medical evidence, including differences between the treating doctor’s observations and the findings recorded during post-mortem. The DNA evidence also did not establish a male DNA profile from the victim’s clothing.
At the same time, the Court found that the conviction of Ram Narayan under the charged provisions could not be disturbed when the evidence was considered as a whole. The Bench relied particularly on the surrounding circumstances, the medical material and the evidence concerning his presence at the relevant place.
Court on Death Penalty
The main question before the Bench was whether the case met the legal threshold for the death penalty. The Court considered both aggravating and mitigating circumstances.
The aggravating circumstances included the very young age of the victim, the nature of the injuries and the findings concerning sexual assault. On the other hand, the Court noted that Ram Narayan had no previous criminal history, was about 32 years old, had displayed normal conduct during incarceration and that the possibility of his reform and rehabilitation could not be ruled out. The Court also considered his family circumstances and socio-economic background.
The Bench referred to several Supreme Court decisions where death sentences had been commuted after considering factors such as absence of criminal antecedents and the possibility of reformation.
The Court observed:
“We are also conscious that human life is a precious gift of God therefore in the facts and circumstances of this case and law laid by Hon'ble Supreme Court we find that life should not be taken away lightly from appellant Ram Narayan @ Bhanu Dhimar.”
The High Court partly allowed Ram Narayan’s appeal and commuted his death sentence to life imprisonment for at least 25 years without remission.
The Court also found that the evidence did not sustain the Section 506 Part-II IPC convictions of Rajkumar Dhimar and Pinky Dhimar. Their convictions were therefore set aside, and both were acquitted.
Case Title: In Reference v. Ram Narayan @ Bhanu Dhimar, with connected Criminal Appeals
Judge: Justice Vivek Agarwal and Justice Avanindra Kumar Singh
Decision Date: August 31, 2026
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