In a landmark judgment, the Orissa High Court has commuted the death sentence of a convict in a tragic rape and murder case to life imprisonment, considering his conduct in jail and other mitigating factors. The division bench, comprising Justice S.K. Sahoo and Justice R.K. Pattanaik, delivered this verdict in CRLA No. 120 of 2023 (Sk. Asif Ali @ Md. Asif Iqbal vs State of Odisha) on June 20, 2024.
Background of the Case
This case involves the harrowing rape and murder of a 6-year-old girl in Jagatsinghpur district, Odisha, on August 21, 2014. According to the prosecution, the young victim was abducted by Sk. Asif Ali and Sk. Akil Ali while she was returning home after buying chocolates with her cousin. Her body was later found in a naked state with multiple injuries. The trial court convicted both accused and sentenced them to death in November 2022.
Important Legal Issues
1. Reliability of circumstantial evidence
2. Competence of child witnesses
3. Application of the "rarest of rare" doctrine for the death penalty
4. Consideration of mitigating factors post-conviction
Court's Decision
The High Court acquitted Sk. Akil Ali of all charges, citing insufficient evidence. For Sk. Asif Ali, the court:
1. Upheld his conviction under Sections 302 and 376A of the IPC and Section 6 of the POCSO Act.
2. Set aside his conviction under Section 376D of the IPC (gang rape).
3. Commuted his death sentence to life imprisonment without the possibility of remission.
Key Observations
On the issue of circumstantial evidence, the court remarked, "The chain of evidence is so complete that it does not leave any reasonable ground for a conclusion consistent with the innocence of the appellant. When the circumstances are collectively considered, they lead only to the irresistible conclusion that the appellant is the perpetrator of the crime."
Regarding the death penalty, Justice S.K. Sahoo noted, "Considering the entire facts and circumstances, the aggravating and mitigating factors, it cannot be said that capital punishment is the only option for the appellant. The option of life imprisonment will suffice and is not wholly disproportionate."
The court also acknowledged the convict's behavior in jail, as reported by the authorities: "He offers prayers to God many times a day and is ready to accept his punishment, having surrendered before God."
This ruling emphasizes the court's careful consideration of the convict's rehabilitation potential and the importance of a fair justice system, even in the most grievous cases.
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