Evidentiary Gaps Lead to Commutation of Death Sentence for Convicts in Gang Rape and Murder Case
In a significant judgment, the Calcutta High Court has commuted the death penalty imposed by the trial court on three appellants convicted under the Protection of Children from Sexual Offences Act (POCSO Act) and Indian Penal Code (IPC) for the gang rape and murder of a minor girl. The Division Bench, comprising Justices Rajarshi Bharadwaj and Reetobroto Kumar Mitra, delivered the verdict on April 17, 2026, at the Circuit Bench in Jalpaiguri.
The appellants, Rahaman Ali, Jamirul Haque, and Tamirul Haque, were initially sentenced to death by the trial court for offences under Sections 363, 365, 376DA, 302, 201, and 120B of the IPC, along with Section 6 of the POCSO Act. However, the High Court found evidentiary deficits, including the absence of DNA profiling and lack of mandatory electronic certification under Section 65B of the Evidence Act, insufficient to uphold the death penalty.
The Court acknowledged the prosecution's successful establishment of a circumstantial evidence chain, confirming the appellants' guilt. However, it emphasized the heightened threshold of certainty required for capital punishment, which was not met due to the evidentiary gaps.
The judgment cited the "rarest of rare" doctrine, stressing that the death penalty must be reserved for cases with unequivocal certainty in evidence. The absence of forensic confirmation and the reliance on circumstantial evidence led the Court to conclude that life imprisonment was a more appropriate sentence.
As a result, Rahaman Ali and Jamirul Haque were sentenced to life imprisonment for a fixed term of 40 years without remission, considering their active roles in the crime. Tamirul Haque received a reduced sentence of 20 years of rigorous imprisonment, reflecting his lesser degree of participation.
The Court's decision underscores the importance of a robust evidentiary foundation in capital cases, balancing the gravity of the crime with the principles of justice and constitutional rights.
Bottom Line:
Death penalty imposed by the Trial Court under the Protection of Children from Sexual Offences Act (POCSO Act) and Indian Penal Code (IPC) for offences including gang rape and murder of a minor girl was commuted to life imprisonment due to evidentiary deficits, while affirming the conviction based on circumstantial evidence.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012; Indian Penal Code - Sections 363, 365, 376DA, 302, 201, 120B; Evidence Act, 1872 - Sections 27, 65B; Criminal Procedure Code, 1973 - Section 428
