A Delhi court has handed down a life imprisonment sentence to a 25-year-old man for the rape and murder of a 5-year-old girl in 2017, citing the "brutality" of his actions as indicative of his criminal mindset.
The case was overseen by Additional Sessions Judge Amit Sahrawat, who noted that the accused, initially a juvenile at the time of the crime, was now being tried as an adult. The court found him guilty of both rape and murder.
"In the present case, the aggravating factors against the Child in Conflict with Law (CCL) are that firstly he has committed rape of a child, just of about 5 years, and thereafter mercilessly caused death of the said child by hitting stones on her head," the court said.
"The causation of such heinous offences itself explains the brutality caused by CCL and his criminal psychology which existed at the time of the offence," it added in its order dated August 3.
The court noted that the CCL (Child in Conflict with Law) was an adolescent, over 16 years old, at the time of the offense and lacked the psychological maturity of an adult. Therefore, he should not be compared to an adult offender in the most stringent terms.
"The option of treating the CCL as an adult offender only provides that if there is no reformation in the CCL, then he could be directed to undergo a longer or remaining sentence, as in case of major accused persons, but it does not mean that CCL has to be sentenced like an accused in each and every aspect," the court said.
"While considering the fact that possibilities of a CCL, to become part of society, have to be kept open, this court is of considered opinion that the CCL should be given minimum sentence provided for the offences committed by him," the bench said.
Emphasizing that the minimum sentence for murder is life imprisonment, the court stated that under the provisions of the Juvenile Justice Act, a sentence of life imprisonment with the possibility of release could be imposed.
"While drawing a balance between the reformation of CCL and heinousness of offence committed by him, the CCL is directed to undergo the minimum sentence provided for offences committed by him, which is imprisonment for life with a fine of ₹ 10,000 for the offence under IPC section 302 (murder)," the court said.
The bench sentenced him to 10 years of rigorous imprisonment for the offense of rape.
The court observed that when a juvenile is tried as an adult and found guilty of an offense, the sentencing must consider whether the juvenile has undergone reformation. However, it concluded that the juvenile could not be released yet, as further reformation was necessary.
The bench noted that the convict continued to engage in criminal activities, including the unlawful sale, possession, and manufacture of intoxicants, even after reaching adulthood and leaving institutional care. Additionally, his lack of remorse for his actions indicated a failure in his reformation. The court expressed concern that releasing him without further reform might lead to continued criminal behavior.
The court directed prison authorities to provide him with education and employment opportunities.
"The District Child Protection Unit is directed to assess the reformation of CCL yearly and shall file its follow-up report before this court every year," the court said.
