Keywords: Gang Rape, Death Penalty, Death Sentence, Murder, Disabled Minor.
Two men in Palwal were recently sentenced to death by a special fast-track court for the gang rape and murder of a nine-year-old girl who was deaf and mute. The court, in the case of State v Ajay, found the accused guilty under various sections of the Indian Penal Code and the POCSO Act. The presiding judge, Additional Sessions Judge Prashant Rana, described the crime as exceptionally brutal and barbaric. The victim was repeatedly raped after her hands were tied, and the perpetrators even burned her eyes with beedis. Considering the heinous nature of the crime, the court deemed it a “rarest of rare” case, justifying the capital punishment for the convicts.
The defendants, who were neighbors of the victim and aged around 22 and 27, lured her by offering her ₹20 to buy guavas. They abducted her on her way, took her to a dense field, and subjected her to gang rape before killing her. The girl died on the spot from strangulation and smothering. When her body was discovered the next day, it showed signs of decay, with maggots crawling on her face.
The court noted that the convicts had meticulously planned and executed the horrific acts in utmost secrecy. The victim suffered multiple injuries, including a neck fracture and complete damage to her genitals. In addition, her family lived below the poverty line, her father had a disability, her mother was also deaf and mute with a locomotive disability, and her younger siblings were also deaf and mute.
The court observed that the crime was of an exceptionally brutal and barbaric nature. The victim, whose hands were tied, was subjected to repeated rape by the convicts, who also burned her eyes with beedis.
The judge firmly believed that anything less than the death sentence would be unjustified given the circumstances. The court expressed skepticism about the convicts’ potential for reform and their potential danger to society. The order issued a stern warning to potential offenders, stating that similar crimes against children would result in their own death warrants being executed.
The court acknowledged the silent cries of the victim during the commission of the crime and the subsequent protests by the Deaf & Dumb Welfare Association of Palwal and other NGOs. The order emphasized that while human ears may not have heard those silent cries, cosmic justice always prevails. Therefore, the court believed it was time for the convicts to face the consequences of their actions, sentencing them to death.
Furthermore, the court awarded a compensation of ₹30 lakh to the victim’s legal heirs. The death sentence is subject to confirmation by the Punjab and Haryana High Court. The prosecution and complainant were represented by Special Public Prosecutor Harkesh Kumar and advocate SC Chauhan, while the convicts were represented by advocates Ram Rattan Malik and NS Parmar.
Written by- Mubashara Fatima, College name- Unity PG and Law College, Semester- 6th, intern under Legal Vidhiya
