CHANDIGARH: Punjab and Haryana HC has commuted the death sentence of a man convicted of raping his minor daughter to life imprisonment, but highlighted that the gravity of snuffing out a life cannot be taken lightly.
The case pertains to a 53-year-old man, who according to an FIR lodged at Sirsa women’s police station, assaulted his wife, raped his 12-year-old daughter, and threatened to kill her.In Nov 2022, a fast-track court in Sirsa had pronounced the death penalty, terming it a “rarest of rare” case.
Hearing his appeal, a HC division bench comprising Justice G S Sandhawalia and Justice Lapita Banerji acknowledged the convict’s marginalised background and lack of prior criminal history. “We are of the considered view that the appellant… would deserve the sentence provided under the second option under section 6 of Pocso Act, which would extend to imprisonment for life for the remainder of his natural life,” HC said.
However, it emphasised the horrific nature of the crime and refused to show sympathy solely because the accused had other children, one of whom was given in adoption to his brother.
Trial court had called for capital punishment, citing injustice to the survivor and her mother. Upholding the conviction, HC emphasised the absence of any credible evidence favouring the convict and upheld provisions of section 29 of Pocso Act.
The case pertains to a 53-year-old man, who according to an FIR lodged at Sirsa women’s police station, assaulted his wife, raped his 12-year-old daughter, and threatened to kill her.In Nov 2022, a fast-track court in Sirsa had pronounced the death penalty, terming it a “rarest of rare” case.
Hearing his appeal, a HC division bench comprising Justice G S Sandhawalia and Justice Lapita Banerji acknowledged the convict’s marginalised background and lack of prior criminal history. “We are of the considered view that the appellant… would deserve the sentence provided under the second option under section 6 of Pocso Act, which would extend to imprisonment for life for the remainder of his natural life,” HC said.
However, it emphasised the horrific nature of the crime and refused to show sympathy solely because the accused had other children, one of whom was given in adoption to his brother.
Trial court had called for capital punishment, citing injustice to the survivor and her mother. Upholding the conviction, HC emphasised the absence of any credible evidence favouring the convict and upheld provisions of section 29 of Pocso Act.
