Madhya Pradesh HC sentences duo to death for raping minor, leaving her in vegetative state

In a key development, the Madhya Pradesh High Court has upheld the death sentence awarded to two accused in a gangrape case of an 8-year-old minor. While passing the notable order, the Madhya Pradesh HC observed that the rights of the victim cannot be overshadowed by the rights of the accused. 

In the case at hand, the accused named Irfan and Asif are convicted and sentenced to death by the Trial Court under Section 376DB of the Indian Penal Code. The section refers to insertion by Criminal Law (Amended) Act 2018, which provides 'where a woman under twelve years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and with fine or with death'.

While implying that the offence is evil, Justices Vivek Rusia and Shailendra Shukla said, "The offence of gang rape in itself is a very heinous offence and to impose further condition of the victim being left in a vegetative state for awarding death penalty would be asking for too much."

Facts of the case

The prosecution submitted that both accused had held the minor kidnapped from her school and that later she was found in an injured condition. The lawyer told the Bench that the girl had told the authorities that on the day of the incident and after her school was closed for the day, she was waiting outside the premises when a man came and forcibly stuffed sweet food item ('laddoo') in her mouth and picked her up to take her to a secluded area. Subsequently, she was undressed, forced, raped by the person who lured her with the sweets while the other person held his grip around her hands. During the investigation, the minor identified the perpetrators and the accused were detained. 

Upon acknowledging the material evidence on record, including a DNA report, the Madhya Pradesh HC dismissed their appeal while stating that it was conclusively proven that the prosecutrix, who was below 12 years of age at the time of the offence was subjected to violent gang rape by the accused.

While considering whether the death sentence should be awarded only when the prosecutrix is left in a vegetative state, the Bench said: 

"Section 376(A) of the IPC provides that death sentence can be awarded when the victim is left in vegetative state. No such mention is there is Section 376DB of IPC. The offence of gang rape in itself is a very heinous offence and to impose further condition of the victim being left in vegetative state for awarding death penalty would be asking for too much, which was not the intention of the legislature in any case," the Madras HC said. 

Also, the Bench said that the accused have not 'shown any remorse, they have acted in a cold-blooded manner and have followed their natural routine after committing the ghastly incident, which shows that they were already hardened into such perverts with a criminal mindset which was devoid of any emotions or care about the child.'