Conviction Upheld, Life Sentence Reduced to 20 Years Rigorous Imprisonment for Rape of Two-Year-Old
In a significant judgment, the Madhya Pradesh High Court has upheld the conviction of Mukesh Jatav for the kidnapping, rape, and attempted murder of a two-year-old child. The court, however, reduced the life sentence imposed under Section 376(2)(i) of the Indian Penal Code (IPC) to a fixed term of 20 years of rigorous imprisonment without remission. The bench, comprising Mr. G.S. Ahluwalia and Ms. Anuradha Shukla, delivered the verdict on July 1, 2026, in the criminal appeal case numbered 906 of 2017.
The appellant, Mukesh Jatav, was found guilty by the trial court for crimes committed on July 13, 2014, where he kidnapped and brutally raped a two-year-old girl before abandoning her in a critical condition. The trial court sentenced him to life imprisonment for the offence under Section 376(2)(i) IPC, alongside other sentences for kidnapping and attempted murder.
During the appeal, the defense argued for leniency, citing the appellant's 12 years of custody and alleging a financial dispute with the victim's father as the motive for false implication. However, the High Court dismissed these claims due to lack of evidence supporting the alleged enmity.
The court noted the testimony of eyewitnesses, including the victim's father and a neighbor, which corroborated the sequence of events leading to the appellant's conviction. Additionally, the court emphasized that the absence of a DNA report did not undermine the conviction, as sufficient evidence of guilt was established through eyewitness accounts and medical reports.
The court also addressed the issue of dock identification, stating that the non-production of the child victim as a witness was not detrimental to the prosecution's case, referencing guidelines from the Supreme Court in the case of Sakshi v. Union of India.
In delivering the judgment, the High Court considered mitigating factors, such as the absence of prior criminal antecedents, leading to the reduction of the life sentence to a fixed term of 20 years for the rape charge. The sentences for kidnapping and attempted murder remain unchanged, with all sentences set to run concurrently.
The court directed the trial court to take necessary actions in compliance with the judgment and ordered that a certified copy be provided to the appellant.
Bottom line:-
Conviction for kidnapping, raping, and attempting to murder a two-year-old child upheld. However, the sentence of life imprisonment for the offence under Section 376(2)(i) IPC reduced to a fixed term of 20 years rigorous imprisonment without remission.
Statutory provision(s): 366 IPC, 376(2)(i) IPC, 376(2)(m) IPC, 307 IPC, 106 Evidence Act, 36 POCSO Act, 388 Cr.P.C.
Mukesh Jatav v. State of Madhya Pradesh, (Madhya Pradesh)(DB)(Gwalior) : Law Finder Doc id # 2940504
