The Punjab and Haryana high court has commuted death sentence awarded to a migrant to 30- year jail for rape and murder of a 5-year-old girl in Tohana area of Fatehabad in Haryana in June 2024.
The bench of justice Vinod S Bhardwaj and Ravinder Malik also acquitted a co-accused, who was also awarded death penalty, giving him the benefit of doubt.
It was on June 29 when convict Mukesh Kumar, a migrant labourer from Bihar had dinner at the victim’s father’s house after having liquor. While the father went to sleep the convict left from there. However, the father woke up at 3am and noticed his daughter was not lying on the cot. Later, she was found in nearby fields in a bleeding condition. The girl died after 10 days of the rape.
A fast track court in Fatehabad on April 9, 2025 had awarded death sentences to two persons, Mukesh Kumar and Satish Kumar, whose name had figured in the investigation at a later stage. It was against this order the duo had filed an appeal and the trial court had sent the murder reference for confirmation.
The court observed that the evidence completes the chain of events in a manner that leads to the involvement of Mukesh Kumar in commission of the offence. It took note of the appearance of female DNA of the victim on his clothes and further noted that the complainant father had no reason to name him. “They seemingly were on good terms and had drinks and meals together. There was hence neither any enmity nor any ill-will or reason for a false implication as well,” it said further taking note of his call records, tower locations etc. However, gave the benefit of doubt to Satish Kumar and acquitted him.
{{/usCountry}}The court observed that the evidence completes the chain of events in a manner that leads to the involvement of Mukesh Kumar in commission of the offence. It took note of the appearance of female DNA of the victim on his clothes and further noted that the complainant father had no reason to name him. “They seemingly were on good terms and had drinks and meals together. There was hence neither any enmity nor any ill-will or reason for a false implication as well,” it said further taking note of his call records, tower locations etc. However, gave the benefit of doubt to Satish Kumar and acquitted him.
{{/usCountry}}The court noted that it cannot be lost sight that the offence committed by the accused is a ghastly offence and shocking to the collective conscience of the society. “We are of the view that the offence even though committed in an unbecoming manner and shows a cruel conduct, however, such perversity would not classify the offence as “rarest of the rare” so as to uphold the capital punishment,” it said while awarding 30-year-jail to him.
It also took into account his psychological, sociological, medical and prison reports and the fact that he is married and has two children. There is no other criminal record or antecedents of the accused. The accused does not have any criminal antecedents and is not involved in any other criminal case. Besides, his conduct while in prison has been congenial, it said.
“There is no psychological disorder reflected from the psychological assessment report as well as the psychiatric report that may lead to an inference that the accused is depraved and has a predatory behaviour or to assume that there is no possibility of reformation or rehabilitation in the society or even to conclude that his existence is a threat to the society,” it said while commuting his death sentence.