Pune court awards life term to man for murder of 13-year-old kabaddi player

The court rejected the prosecution’s plea for the death penalty, holding that while the crime was brutal and shocking, it did not fall within the “rarest of rare” category.

Pune: A sessions court in Pune on Tuesday sentenced a man to rigorous life imprisonment for the murder of a 13-year-old schoolgirl, who was hacked to death with a sickle while practising kabaddi at a playground in Bibwewadi in October 2021. The court rejected the prosecution’s plea for the death penalty, holding that while the crime was brutal and shocking, it did not fall within the “rarest of rare” category.

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Additional sessions judge S R Salunkhe convicted Shubham alias Rushikesh Bajirao Bhagwat under Section 302 (murder) of the Indian Penal Code and imposed a fine of ₹5,000. In default, the accused will have to undergo six months of simple imprisonment.

The murder had triggered widespread outrage and protests across Pune and other parts of Maharashtra, raising concerns over the safety of minor girls in public spaces.

The victim, a Class 8 student and the only daughter of her parents, was training in kabaddi with her cousin sister — who later became the informant — and four other girls. Although formal coaching had been suspended due to the Covid-19 pandemic, the group continued fitness practice on an open ground in Bibwewadi every evening between 5pm and 6:30pm.

According to the prosecution, Bhagwat had been stalking the minor for some time. On October 12, 2021, he, along with three children in conflict with law, attacked her with a sickle during practice. She suffered multiple grievous injuries and collapsed on the spot. An FIR was registered at Bibwewadi police station the following day.

The post-mortem revealed 25 incised wounds on the child’s body, which the court said clearly reflected the assailant’s intention to kill.

Charges were framed against Bhagwat under Sections 302, 120-B and 506 (Part II) read with Section 34 of the IPC, Section 4(25) of the Arms Act, and Sections 37(1) read with 135 of the Maharashtra Police Act. He pleaded not guilty.

During the trial, the prosecution examined nine witnesses and relied on medical, forensic and circumstantial evidence. After the prosecution closed its case, Bhagwat’s statement was recorded under Section 313 of the Criminal Procedure Code. He did not lead any defence evidence.

Special public prosecutor Hemant Zanjad sought the death penalty, arguing that the nature of the assault, the victim’s age and the public outrage warranted capital punishment as a deterrent. Defence counsel Yashpal Purohit opposed the plea.

While convicting Bhagwat, judge Salunkhe held that the prosecution had proved beyond reasonable doubt that the accused intentionally caused the minor’s death. “The intention to kill can be gathered from the injuries noted in the post-mortem report. The accused left no remote chance of survival,” the court observed.

However, citing Supreme Court principles on sentencing, the judge said life imprisonment is the rule and the death penalty an exception. “I do not find the circumstances sufficient to term this as an exceptional case warranting the death sentence,” the order said.

Taking a stern view of the brutality, the court denied the accused the benefit of set-off under Section 428 of the CrPC for the period of detention already undergone. The life sentence will, therefore, run from the date of the judgment.

The court also directed that the seized articles, including the clothes of the accused and the deceased, the weapon used in the crime and the seized motorcycles, be preserved until the conclusion of proceedings against the children in conflict with law.