Date- 21 April 2023. Khandwa District Court sentenced him to death from 4 -year -old innocent accused. Written in the judgment-
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The accused should be hanged until life is removed
Date- 19 June 2025. Jabalpur High Court converted the death sentence into a 25 -year sentence. Written in the judgment-
The case is barbaric, but not cruel. The accused is a tribal, illiterate, he did not get the right rites in life.
Now questions are being raised about this decision of the High Court. The Madhya Pradesh Child Rights Protection Commission has objected to the arguments with which the High Court has changed the decision of the lower court. At the same time, the family of the innocent with whom this incident took place does not know that the death sentence of the accused has been changed.
Hearing the arguments that the High Court has changed the death sentence of the accused is correct. Why is there an objection to the decision of the Child Rights Commission. Bhaskar spoke to the members of the expert and the Child Rights Commission. Read report
Now know how the police caught the accused After receiving information from the family of the innocent, the police started searching for the girl. When questioned by the family, he told that the prince who worked as a waiter came to the Rajput dhaba built near his hut. It will be around 8-9 pm at that time. He asked for a cot for gold.
He slept after laying a cot in the field about 100 feet from the hut. No one came to know when the prince went in the morning. The police suspected the prince after hearing the family’s words.
Snifer dog also stopped at the dhaba The police also took help of Snowfer Dog. The dog sniffed the clothes of the girl and she stopped at the Rajput dhaba made at a short distance. The police deepened the doubt on the prince. The staff of the dhaba told that the prince has been missing since night. The police tracked Rajkumar’s mobile on surveillance and tracked his location.
Rajkumar said- killing the girl and thrown On the basis of mobile location, the police reached the prince and arrested him. Rajkumar told the police that he had killed and thrown the girl. He took the police to that place. The police found the girl lying in the bushes. However, he did not die. His condition was critical. He was immediately referred to Indore, where his life was saved after treatment.
Girl raped with complete planning The son of the owner of the dhaba told the police that on the day of the incident, Rajkumar had worked half a day and went away with 120 rupees in the evening. The prince used to sleep at the dhaba, but that night he had already planned and went to the girl’s house and asked for a cot and carried out the crime.
In the police interrogation, Rajkumar also took the name of another person named Dilip. During interrogation, Dileep had also raped the girl. However, Dileep was not found to be involved in the incident during the investigation. After this, the police did not make Dileep an accused.
Now know on what basis trial court sentenced to death
The police gathered circumstantial and scientific evidence and presented a challan against Rajkumar in Khandwa District Court. The court sentenced the accused Rajkumar to death after six months of hearing. According to the prosecution lawyer Chandrashekhar Hukmalwar, medical examination played an important role in punishing the accused. These 3 things proved important in this decision.
- Medical examination proved that the girl had injuries on her body and nail marks on the neck, which were matched with the accused’s nail.
- The panel of doctors clearly confirmed the sexual assault.
- The prosecution produced several strong evidence before the court, in which the role of policemen was important.
While delivering the verdict on 21 April 2023, the court of Special Judge Prachi Patel said- The barbarity with which the accused took the incident with the girl cannot be less than the death penalty. Life imprisonment is not enough for this. The court said that the accused should be hanged until his life is removed.
Now know how the debate took place in the High Court
Prosecution’s argument- no softening On behalf of the prosecution, Deputy Speaker Yash Soni advocated in the court. It was argued on his behalf that all the evidence is against the convict. Forensic evidence also proves the crime of the guilty. The lower court sentenced the convict to death should be retained. The way the convict left the four -year -old innocent to die is not worth forgiveness.
The defense said- after the arrest, the police fabricated the evidence Samar Singh Rajput, who advocated the case in the High Court on behalf of Rajkumar, said that we place the facts in front of the court which were not kept during the debate in the lower court. It also said that the prince comes from the Scheduled Tribes (ST) class which is considered financially weak. Also, we told the court that his behavior in jail is fine. This is his first crime. He has stepped into an imprudence.
The court said, this case is barbaric but not cruel
The court called the case a barbaric, but did not consider it cruel. The High Court said that the grounds on which the trial court sentenced the accused to death is not legally sustainable. The trial court says that the girl is permanently disabled, not proven by medical evidence. It was not clear from the testimony of the doctor that which part of the girl’s body was damaged or there was any permanent disability in it.
The medical report was found incomplete and unclear, so the High Court did not accept this conclusion of the lower court. Along with this, the court also took into account the social and economic background of the accused.
The accused is a 20-year-old tribal youth, who is neither educated nor has any criminal record. He left home in childhood and was working in a dhaba. All these things were considered in favor of the accused.
High court gives refresh for these cases Bhagi vs MP (2024), Manoharan vs. State (2019), Dhananjay Chatterjee Case (1994)
By giving a reference of these 3 cases, it has been decided that the death sentence should be given only in the cases that come in the “Rerest of the Rare” category. The Supreme Court’s lawyer Riddhi Goyal was interacted to legal interpretation of this decision.
MP Child Protection Rights Commission questioned the decision Nivedita Sharma, a member of the Child Protection Rights Commission, has raised questions about the High Court’s decision. Sharma says- When the innocent was referred to Indore, I met him. I was stunned to see his condition. She was not talking to anyone. She was not allowing anyone to put her hand on her body.
Children are usually flirtatious, but the girl was taken away from her innocence. When I asked the doctors about his condition, he told that the girl is in shock after the incident. I also went to her house. The condition of his family was very bad. Parents are uneducated and very poor.
Sharma objected to these two points of court decision
1. This case was barbaric, but there was no cruelty in it
Sharma’s argument: I want to ask Justice, what is the definition of cruelty? Such a disgusting crime happened to a four -year -old innocent girl and the court is saying that this is not cruelty? The accused threw the girl into the bushes, where she could even die, become a victim of an animal. Is it not cruel?
The accused threw that the girl was dead- that is, the intention was clearly murder. And when all this was happening, we cannot even imagine the pain that the girl had suffered. The development of his body was not completed. When the doctors saw his condition, he was referred immediately.
2. The guilty is illiterate and tribal
Sharma’s argument: If the convict had been educated, would we consider it cruelty? Do rites come only from education? The guilty, irrespective of the community, no one has the right to crush the innocence. The girl was also from the tribal community. His family is also poor, works as a laborer. The 4 -year -old girl was found in bushes in winter, isn’t this cruelty? How can common people understand this?
The argument of the High Court that the accused has no criminal background, or it is not a threat to society, cannot be accepted. Will we wait until he committed crime again? The government talks about ‘Beti Bachao, Beti Padhao’, but what will happen if we are not sensitive in this matter too?
Innocent parents do not even know the decision of the decision Bhaskar told the father of the innocent that the death sentence of the accused has been converted into 25 years of imprisonment, then he said- he has done such a dirty job that he should get the punishment for hanging. The father told that the court has admitted that if the crime does not fall under the category of cruelty, he said- this is a useless thing. A disgusting work has been done by a four -year -old daughter. They said-
The court is saying that he is illiterate, a tribal, so I cannot hang, so I am also illiterate and a tribal. Have I also got the right to commit a crime?
Father told- innocent falls on the go The child’s father said that it has been two years since the incident. The daughter is now 6 years old, but her body and mind have had a profound effect. She has become very weak. Could not do any work. It falls on the go. She does not remember that day, but still she cries. There is a little girl, nothing says. All this happened to him, then he did not even understand. Just, she has survived by the grace of the above.
Read full news …
Rapist changed the sentence of hanging and gave 25 years imprisonment: MP High Court said- he did not get illiterate, good education, hence crime committed
The Madhya Pradesh High Court has given relief to the guilty of rape with a 4 -year -old girl. The Jabalpur bench of the High Court has converted his death sentence to a 25 -year sentence. The division bench of Justice Vivek Aggarwal and Justice Devnarayan Mishra said, ‘The guilty is illiterate and tribal. He did not get good education in childhood, due to which he committed this crime. Read full news …
