The Supreme Court has spared the gallows to a man who was convicted in the sexual assault-cum-murder case, involving an 8-year-old girl in Pratapgarh, Rajasthan, in July 2013.
In September 2016, the Rajasthan High Court ordered the execution of the accused, Parhlad, who was convicted in the case of sexual assault and murder of the victim. However, a bench, of the Supreme Court consisting Justice NV Ramana, Justice Mohan M Shantanagoudar and Justice MR Shah was of the view that "there was no evidence of sexual offense and hence the punishment can be awarded in the murder case only."
In addition, the bench also examined the medical report of the deceased, which did not indicate any attempt of sexual violence. "In our considered opinion, this is not a fit case to impose the death penalty on him, inasmuch as the appellant (accused) does not have any criminal background, nor is he a habitual offender," the bench observed.
Justifying the decision taken by the Court, the bench remarked that "Death penalty is awarded in the case of gruesome crime, cold-blooded murder or committed in a diabolical manner." "There is every probability that the accused can be reformed and rehabilitated," the three judges added.
As per police reports, the girl was taken away by the maternal uncle (accused) on the pretext of giving her chocolates from a shop in 2013. Later, when the victim's family realized that their daughter was not at home, they started searching for her. Next morning, the family found her body and later an FIR was lodged against the man.
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