In a significant ruling, the Madhya Pradesh High Court commuted the death sentence of a 20-year-old tribal man convicted of raping a 4-year-old girl, observing that while the act was "brutal," it was not committed with "brutality." The division bench of Justice Vivek Agarwal and Justice Devnarayan Mishra upheld the conviction but reduced the capital punishment to rigorous imprisonment for 25 years under Section 6 of the POCSO Act, alongside fines.

Background of the Case

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The convict, Rajaram @ Rajkumar, was sentenced to death by the trial court for kidnapping and raping the minor girl in October 2022. The prosecution alleged that he entered the victim’s hut, abducted her, raped her, and left her unconscious in a mango orchard, assuming she was dead. The trial court deemed the crime heinous enough to warrant the death penalty, citing the victim’s age and the irreversible trauma inflicted.

High Court’s Observations

The High Court acknowledged the gravity of the crime but highlighted mitigating factors:

"No doubt that appellant's act was brutal as he has committed rape upon the victim of four years and three months of age... but it is also clear that he has not committed brutality."

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The bench noted the convict’s tribal background, lack of education, and absence of prior criminal record. It emphasized that he was a young, illiterate man working at a roadside eatery (Dhaba) with no familial support, which influenced his upbringing and conduct.

Legal Arguments

The defense argued that:

• The recovery of evidence from an open area cast doubt on its reliability.
• The case relied solely on circumstantial evidence with no eyewitnesses.
• There was no medical proof of permanent disability to the victim.

The prosecution countered that DNA evidence conclusively linked the convict to the crime, and the victim’s age amplified the offense’s severity.

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Citing precedents like Bhaggi v. State of Madhya Pradesh (2024), the court distinguished between "barbaric and brutal" acts and those "barbaric but not brutal." It held that while the crime was horrific, the convict’s personal circumstances warranted leniency.

Case Title: Rajaram @ Rajkumar v The State Of Madhya Pradesh And Others