In a significant ruling, the Gujarat High Court has commuted the capital punishment of a man convicted for raping a minor girl to life imprisonment. The court held that the trial court did not adequately consider the possibility of the convict's reformation before awarding the death sentence.
Court's Rationale for Commuting the Sentence
A bench comprising Justices Ilesh J Vora and R T Vachhani delivered the judgment on December 16, 2025. While upholding the conviction, the bench set aside the death penalty. The court was hearing proceedings related to the confirmation of the death sentence and the convict's challenge against it.
The high court observed that the trial court did not undertake any exercise to verify aspects leading towards reformative measures for the convict. It emphasized that the imposition of the death penalty requires careful consideration of multiple factors, including the potential for reformation, especially when the accused has no known criminal antecedents.
Good Conduct in Jail and Legal Arguments
The judges specifically considered a positive jail report on the convict. The report indicated his conduct in prison was good and no adverse antecedents were reported. This factor played a crucial role in the court's decision.
The state government's counsel had argued that the sessions court rightly imposed the death sentence based on the evidence. However, the defense counsel contended that the case did not fall within the 'rarest of rare' category meriting capital punishment. The high court agreed with the defense's stance regarding the sentence, though it firmly upheld the conviction itself.
Details of the Case and the Final Order
The case dates back to an incident where the accused, under the pretext of giving tamarind, called the minor girl to his house and raped her. An FIR was registered under Sections 363 and 376(AB) of the Indian Penal Code and relevant sections of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
The trial court convicted the man and sentenced him to death. On appeal, the high court meticulously examined the evidence, including the survivor's testimony, identification of the accused, and medical evidence, all of which conclusively proved the crime.
In its final order, the court stated: "The death penalty / capital punishment imposed upon the convict... is commuted to the imprisonment of life which shall mean the imprisonment for the remainder of life." The conviction under other sections was left unaltered.
This ruling underscores the judiciary's nuanced approach to capital punishment, balancing the gravity of the crime with principles of reformation and the individual's conduct post-conviction.
