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Times of India·4 min read·medium

Child rape-murder case: Brutality alone no ground for death, says MP HC

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Child rape-murder case: Brutality alone no ground for death, says MP HC
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The Madhya Pradesh High Court commuted a death sentence to life imprisonment for a man convicted of raping and murdering a nine-year-old girl. The court ruled that while the crime was heinous, it did not meet the 'rarest of rare' legal threshold required for capital punishment.

Why it matters

The ruling highlights the ongoing judicial debate in India regarding the application of the death penalty in cases of extreme violence against children.

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BHOPAL: The Gwalior bench of Madhya Pradesh high court Friday commuted the death sentence of a man, convicted of raping and murdering a 9-year-old girl, to life imprisonment, holding that while the crime was “heinous”, it did not warrant capital punishment as the case did not fit the criteria to be adjudged “rarest of rare”.A division bench of justices GS Ahluwalia and Anuradha Shukla upheld the conviction of Kallu Rathore by the trial court under IPC sections 302, 366, and 376(AB), besides provisions of Pocso Act, but converted the death sentence into imprisonment for the remainder of his natural life.Setting aside the lower court order, the two-judge bench said, “The crime is not of such a nature that it should be punished with the death sentence.”The bench observed that although the victim was a “helpless child who was lured away by a trusted relative”, the prosecution could not establish the…

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