Allahabad High Court Commutes Death Sentence to Life Imprisonment in Case Involving Brutal Crime Against Infant

Conviction based on circumstantial evidence upheld; life imprisonment awarded considering mitigating factors

In a landmark judgment, the Allahabad High Court commuted the death sentence of Premchandra @ Pappu Dixit to life imprisonment without remission, following his conviction for the brutal rape and murder of a five-month-old child. The Division Bench comprising Justices Rajnish Kumar and Rajeev Singh delivered the judgment on November 18, 2025, after reviewing the circumstantial evidence and considering the mitigating factors surrounding the case.

The case, originally adjudicated by the trial Court/Special Judge (POCSO Act)/Additional Sessions Judge, Lucknow, involved heinous crimes under Sections 376 (Ka)(Kha), 364, 302 of the Indian Penal Code, and Section 6 of the Protection of Children from Sexual Offences Act, 2012. The trial court had sentenced Premchandra to death, which was referred to the High Court for confirmation as per the provisions of the Code of Criminal Procedure.

The High Court meticulously examined the chain of circumstantial evidence, which included CCTV footage, forensic reports, and testimonies that established the presence of the accused at the crime scene. Despite the absence of direct evidence, the circumstantial evidence was found to be robust enough to uphold the conviction.

In deliberating the sentence, the High Court considered various mitigating circumstances such as the age of the accused, his family background, absence of criminal history, and lack of premeditation. The court emphasized the principles laid down in previous Supreme Court judgments, highlighting the necessity of weighing both the crime and the criminal during sentencing.

This judgment underscores the judicial caution exercised in capital punishment cases, especially those relying on circumstantial evidence. It aligns with the 'rarest of rare' doctrine, where life imprisonment is preferred unless death penalty is deemed unavoidable.

The court's decision reflects a balance between delivering justice for the grave crime committed and acknowledging the potential for reform and rehabilitation of the convict. The judgment not only commutes the sentence but also sets a precedent in handling similar cases with a humane approach.

Bottom Line:

Conviction based on circumstantial evidence upheld; death sentence commuted to life imprisonment till natural life without remission considering mitigating circumstances and lack of evidence of pre-meditation.

Statutory provision(s): Sections 302, 364, 376 (Ka)(Kha) of Indian Penal Code, 1860; Section 6 of the Protection of Children from Sexual Offences Act, 2012; Sections 366(1), 368 of the Criminal Procedure Code, 1973; Section 65(B) of the Evidence Act, 1872.

State of U.P. v. Premchandra @ Pappu Dixit, (Allahabad)(Lucknow)(DB) : Law Finder Doc Id # 2810238