MP high court commutes death sentence of Katni rape, murder accused

BHOPAL/JABALPUR: A division bench of MP high court on Tuesday commuted the death sentence awarded to a person by a sessions court in Katni for abduction, rape and murder of a seven-year-old girl to life sentence.

The trial court had awarded death sentence to Shyam Singh alias Kallu, 22, holding that he had committed rarest of rare crime.

But, a division bench of Justice J K Maheshwari and Justice Anjuli Palo acquitted the accused of the charges of abduction and rape and found only the charge of her murder proved against him.

The court thereby dropped charges against the accused under section 376 (2), section 5/6 of the POCSO Act and section 363 of the IPC, holding that charges of abduction and rape could not be proved against him and he could only be punished under section 302 and 201 of the IPC based on circumstantial evidence for murder of the girl.

“Thus, considering the FSL and DNA report, as discussed above, we are of the considered view that ingredients of commission of offence under Section 5/6 of the POCSO Act read with Section 376(2)(i) of IPC have not been proved by the prosecution beyond reasonable doubt”, said the judges.

Similarly, the judges said that prosecution has not been able to establish charge of kidnapping against the accused while acquitting him of charge under section 363 of the IPC.

The court said that only murder of the girl by the convict has been proved based on circumstantial evidence and statements of the witnesses, therefore he is convicted under section 302/201 of the IPC and sentenced for life.