The Special Protection of Children from Sexual Offenses (POCSO) court in Pune, Maharashtra on Thursday convicted a 65-year-old man for the rape and murder of a three-and-a-half-year-old girl in Nasrapur village, holding that the prosecution had created a “sustainable chain of circumstantial and forensic evidence” proving his guilt beyond reasonable doubt.
While reserving the quantum of punishment for June 29, Special Judge S R Salunkhe observed that the case falls under the category of “the rarest of cases” warranting death penalty, citing extreme brutality and inhumane manner in which the crime was committed.
The court noted in its order that “the accused has shown no signs of repentance or possibility of reform. The only appropriate punishment is death.”
According to the prosecution, the minor girl was visiting her grandmother’s house for summer vacation when the accused lured her away on May 1 between 3pm and 4pm by promising her snacks and a newborn calf. He kidnapped her to a shed near a livestock pen, subjected her to severe and unnatural sexual assault, and killed her by gagging her mouth and causing injuries to her chest.
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The incident sparked widespread protests across Maharashtra. The Pune Rural Police filed a comprehensive charge sheet within 15 days. During the speedy trial, the Special Prosecutor, Advocate Ajay Misar, examined 55 witnesses, including forensic experts, investigators, family members and child witnesses who successfully identified the accused in an identification parade.
Messar told reporters after the session: “The court saw that the prosecution proved the entire charge, and the accused denied the charge, and claimed that the child was injured after he slipped while displaying a calf, but the evidence proved the opposite.”
Detailing the evidence, Misar said the prosecution relied on 12 landmark Supreme Court rulings to argue that the case falls into the category of “the rarest of rare cases.”
He added: “We explained the age of the minor girl and 39 minutes of continuous assault. The autopsy report showed 18 injuries. There was rape, anal penetration, and oral sexual assault. The accused’s semen was found on the child’s hand and neck.”
Misar added that the court accepted the CCTV footage, DNA analysis, medical evidence, efficacy testing and safety testing as “properly proven.” “The children who witnessed the accused taking the minor girl also identified him in the identification parade.”
Regarding the sentence, the prosecution requested the death penalty, arguing that the defendant was “beyond reform.” Messar pointed to the defendant’s criminal history, “He has previous crimes that include a 62-year-old woman, a 17-year-old girl, an animal, and now this child. He poses a danger to society and has no right to life if he is released.”
The defense cited his advanced age and denial of the crime as mitigating factors and presented two attestations. The court heard detailed arguments on the sentence and gave the defendants time to present mitigating circumstances, as required by the Supreme Court’s guidelines in death penalty cases.
Messar said that the court reserved the case for next June 29 session to decide between the death penalty and life imprisonment after reviewing the 12 articles submitted by the prosecution and prison and the family study reports of the defendants.
The case was investigated by the Pune Rural Police and was prosecuted under relevant sections of the Indian Penal Code (IPC) and Sections 4, 6, 8 and 12 of the POCSO Act. The prosecution said that the entire charge, including kidnapping, harassment, rape and murder, has been fully proven.
