{"id":308162,"date":"2023-12-01T12:00:18","date_gmt":"2023-12-01T06:30:18","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=308162"},"modified":"2023-12-01T12:13:41","modified_gmt":"2023-12-01T06:43:41","slug":"madras-high-court-commutes-death-sentence-father-who-raped-her-daughter-acquits-mother","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2023\/12\/01\/madras-high-court-commutes-death-sentence-father-who-raped-her-daughter-acquits-mother\/","title":{"rendered":"\u2018Not a case which would fall under the ‘rarest of rare’ category\u2019: Madras HC commutes death sentence of father who raped his daughter"},"content":{"rendered":"
\n

Madras High Court:<\/span> In a criminal appeal filed against judgment of conviction and death penalty awarded by the Sessions Judge to the father for raping his daughter, the division bench of S.S.Sundar and Sunder Mohan*<\/span>, JJ. upheld the conviction of the father for an offence under Section 6<\/a> of the Protection of Children from Sexual Offences Act, 2012<\/a> (‘POCSO Act’). However, the court viewed that it is not a case which would fall under the ‘rarest of rare’ category, thus it commuted death penalty to life imprisonment. Further, the court acquitted the mother of the charge under Section 6<\/a> read with Section 17<\/a> of the POCSO Act<\/a>. However, convicted her for the offence under Section 21(l)<\/a> of the POCSO Act<\/a>.<\/p>\n

Analysis:<\/p>\n

The Court reiterated that if the evidence of a sole witness or the victim of a sexual offence, inspires confidence, the Court need not look for corroboration. The Court noted that the minor victim stated about the various acts committed by her father between the ages of 7 and 12; that after she attained 12 years, her father had committed penetrative sexual assault on several occasions. She also deposed that she became pregnant when she was studying in 10th<\/span> standard and her father had pressed and kicked her stomach to ensure miscarriage and that when he failed in those attempts, he along with his wife went to the medical shop and bought a tablet which she took. The victim informed her friend and then her teacher about the occurrences. Thereafter, the teacher had informed the Headmistress of the school, who in turn called the Child Helpline.<\/p>\n

The Court said that the teacher’s version that the child informed her about the various sexual abuses committed by her father, corroborates the version of the minor victim. Further, after perusing the Medico-Legal Examination Report issued by the doctor, the Court noted that there is evidence of penetrative sexual intercourse. Also, it regrettably noted that two finger test had been conducted in the instant case though the Supreme Court in several cases have repeatedly held that such a test is neither acceptable nor desirable to ascertain whether the victim was subjected to sexual intercourse.<\/p>\n

Thus, the Court reminded the doctors that if they conduct any test in contravention of the directions in State of Jharkhand<\/span> v. Shailendra Kumar Rai<\/span>, (2022) 14 SCC 299<\/a>, they shall be guilty of the misconduct<\/p>\n

The Court opined that the minor victim’s evidence is cogent and convincing and can be the sole basis to determine the guilt or otherwise of the accused and the absence of any corroboration would hardly make any difference. Therefore, even if the expert opinion of the Doctor is ignored, there is nothing to doubt the victim’s version.<\/p>\n

The Court said that the minor victim has been consistent in her stand throughout. Even though the father had sought pardon and also requested her to withdraw the complaint, she stuck to her version throughout, thus her evidence inspires confidence and there is absolutely no evidence to doubt her version.<\/p>\n

Concerning the argument on violations of statutory provisions by the accused persons, the Court said that procedure is a handmaid of justice. If in a given case, it is found that the procedural lapses have not impacted or caused any dent in the prosecution case or while appreciating the evidence of the victim, then those procedural lapses would not vitiate the trial. Merely because the counsel has not put certain questions to the witnesses, the trial would not be vitiated.<\/p>\n

The Court viewed that the prosecution has established that the minor victim had suffered the offences committed by the father. Therefore, the Court held the father guilty of the offence under Section 6<\/a> of the POCSO Act, 2012<\/a>. Considering the nature of the cruelty committed by father on the minor victim, the Court held him guilty of an offence under Section 75<\/a> of the Juvenile Justice Act, 2015<\/a>.<\/p>\n

However, the Court did not find him guilty under Section 506(i) IPC, as there is no evidence that he has committed any offence of criminal intimidation on the victim.<\/p>\n

Concerning the charges against the mother of the victim, the Court noted that she was charged and convicted for the offence under Section 6 read with Section 17<\/a> of the POCSO Act<\/a>.<\/p>\n

The Court noted that ‘Abetment’ is defined under Section 107 IPC, which is incorporated in Section 16<\/a> of the POCSO Act<\/a>. The prosecution had established that the mother knew about the father’s sexual abuse of their child. Further, it noted that Clause ‘thirdly’ of Section 16<\/a> of the POCSO Act<\/a> and Section 107 of IPC, employs the word, ‘intentionally’ and not ‘knowingly’.<\/p>\n

The Court said that the minor victim’s evidence vis-a-vis, the role played by the mother does not suggest that she had any intention to aid the father in committing the sexual offences. The prosecution evidence disclosed that she had protested at every stage and the father had abused and beaten her, besides intimidating her with dire consequences. Therefore, the mother’s knowledge of the illegal acts and her omission to prevent it or complain about it would not amount to “intentional aiding”.<\/p>\n

Further, the Court said that under the General Law, there is a presumption that the accused intended the probable consequences of his act. That apart, Section 30<\/a> of the POCSO Act<\/a>, also states that in any prosecution for an offence which requires a culpable mental state, the Court shall presume the existence of such culpable mental state. The Court said that the evidence adduced by the prosecution in the instant case clearly points out that mother had not intentionally aided the father. Therefore, the general law presumption and the statutory presumption have been rebutted in this case.<\/p>\n

Therefore, the Court held that the charge against the mother under Section 6 read with Section 17<\/a> of the POCSO Act<\/a> has not been established. However, the Court viewed that she is guilty of the offence under Section 21(l) of the POCSO Act, 2019 because she had not reported the commission of an offence and ignorance of the law, is not an excuse. Further, the Court held her guilty under Section 75<\/a> of the JJ Act, 2015<\/a>, as she had exposed the child to mental and physical suffering, due to the act of the father.<\/p>\n

The Court said that this case does not fall within the category of ‘rarest of rare cases’. Further, it remarked that the Trial Court was carried away by the act of the father who had committed grave sexual offences against his daughter. There is no doubt that the act committed by the father was gruesome. However, it would not fall within any of the parameters laid down in Bachan Singh<\/span> v. State of Punjab<\/span>, (1980) 2 SCC 684<\/a> and Machhi Singh<\/span> v. State of Punjab<\/span>, (1983) 3 SCC 470<\/a>.<\/p>\n

The Court said that the sentence of death can be imposed only in the rarest of rare cases. Therefore, the imposition of the sentence of life imprisonment is the rule. The Court viewed that it is not a case which would fall under the ‘rarest of rare’ category, as there is nothing on record to show that the father was a menace to society and there is no possibility of reformation at all. Thus, the Court modified sentence of death penalty imposed on the father to life imprisonment with a fine of Rs.25,000\/- in default to undergo rigorous imprisonment for three months for the offence under Section 6 of the POCSO Act. However, it confirmed the sentence of imprisonment for three years imposed against the father for the offence under Section 75<\/a> of the JJ Act<\/a>.<\/p>\n

The Court acquitted the mother of the charge under Section 6 read with 17 of the POCSO Act. However, it convicted her of the offence under Section 21(l) of the POCSO Act and sentenced her to six months as imposed by the trial Court.<\/p>\n

As regards the sentence for the offence under Section 75<\/a> of the JJ Act<\/a>, considering the offence, the nature of the allegation against the mother, the circumstances in which she was living and the fact that she was in a helpless situation, the Court reduced the sentence imposed by the trial Court, to the period of sentence already undergone.<\/p>\n

[State of Madras v Father of Victim Child, R.T. No.2 of 2022 and Crl.A. Nos. 427 and 392 of 2023, decided on 21-11-2023<\/span>]<\/p>\n

*Judgment Authored by: Justice Sunder Mohan<\/span><\/strong><\/p>\n\n

Advocates who appeared in this case :<\/p>\n

For Appellant:<\/span> Senior Counsel R.Rajarathinam, Senior Counsel Abudukumar Rajarathinam<\/p>\n

For State:<\/span> Advocate Hasan Mohammed Jinnah ,Advocate J.R.Archana, Advocate M.Sumi Arnice, Advocate A.Sahana Fathima<\/p>\n

Buy Protection of Children from Sexual Offences Act, 2012   HERE<\/a><\/h3>\n

\"protection<\/a><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

“Merely because a crime is heinous per se may not be a sufficient reason for the imposition of the death penalty without considering the mitigating factors and other circumstance”<\/p>\n","protected":false},"author":67512,"featured_media":298865,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,10],"tags":[63124,13961,2567,5681,23204,2572,6191],"class_list":["post-308162","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-casebriefs","category-highcourts","tag-death-sentence-of-father","tag-ipc","tag-Madras_High_Court","tag-minor","tag-pocso","tag-Rape","tag-sexual-assault"],"yoast_head":"\nMadras High Court commutes death sentence of father who raped her daughter; Acquits mother | SCC Blog<\/title>\n<meta name=\"description\" content=\"Madras HC commuted death sentence of father who raped her daughter; Acquitted mother\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.scconline.com\/blog\/post\/2023\/12\/01\/madras-high-court-commutes-death-sentence-father-who-raped-her-daughter-acquits-mother\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"\u2018Not a case which would fall under the 'rarest of rare' category\u2019: Madras HC commutes death sentence of father who raped his daughter\" \/>\n<meta property=\"og:description\" content=\"Madras HC commuted death sentence of father who raped her daughter; Acquitted mother\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.scconline.com\/blog\/post\/2023\/12\/01\/madras-high-court-commutes-death-sentence-father-who-raped-her-daughter-acquits-mother\/\" \/>\n<meta property=\"og:site_name\" content=\"SCC Times\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/scc.online\/\" \/>\n<meta property=\"article:published_time\" content=\"2023-12-01T06:30:18+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2023-12-01T06:43:41+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/08\/madras-high-court.jpg\" \/>\n\t<meta property=\"og:image:width\" content=\"886\" \/>\n\t<meta property=\"og:image:height\" content=\"590\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"Apoorva\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:title\" content=\"\u2018Not a case which would fall under the 'rarest of rare' category\u2019: Madras HC commutes death sentence of father who raped his daughter\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Apoorva\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"7 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\/\/www.scconline.com\/blog\/post\/2023\/12\/01\/madras-high-court-commutes-death-sentence-father-who-raped-her-daughter-acquits-mother\/\",\"url\":\"https:\/\/www.scconline.com\/blog\/post\/2023\/12\/01\/madras-high-court-commutes-death-sentence-father-who-raped-her-daughter-acquits-mother\/\",\"name\":\"Madras High Court commutes death sentence of father who raped her daughter; Acquits mother | SCC Blog\",\"isPartOf\":{\"@id\":\"https:\/\/www.scconline.com\/blog\/#website\"},\"primaryImageOfPage\":{\"@id\":\"https:\/\/www.scconline.com\/blog\/post\/2023\/12\/01\/madras-high-court-commutes-death-sentence-father-who-raped-her-daughter-acquits-mother\/#primaryimage\"},\"image\":{\"@id\":\"https:\/\/www.scconline.com\/blog\/post\/2023\/12\/01\/madras-high-court-commutes-death-sentence-father-who-raped-her-daughter-acquits-mother\/#primaryimage\"},\"thumbnailUrl\":\"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/08\/madras-high-court.webp\",\"datePublished\":\"2023-12-01T06:30:18+00:00\",\"dateModified\":\"2023-12-01T06:43:41+00:00\",\"author\":{\"@id\":\"https:\/\/www.scconline.com\/blog\/#\/schema\/person\/288d814d0864b57168e08daa1940a1c9\"},\"description\":\"Madras HC commuted death sentence of father who raped her daughter; Acquitted mother\",\"breadcrumb\":{\"@id\":\"https:\/\/www.scconline.com\/blog\/post\/2023\/12\/01\/madras-high-court-commutes-death-sentence-father-who-raped-her-daughter-acquits-mother\/#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\/\/www.scconline.com\/blog\/post\/2023\/12\/01\/madras-high-court-commutes-death-sentence-father-who-raped-her-daughter-acquits-mother\/\"]}]},{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\/\/www.scconline.com\/blog\/post\/2023\/12\/01\/madras-high-court-commutes-death-sentence-father-who-raped-her-daughter-acquits-mother\/#primaryimage\",\"url\":\"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/08\/madras-high-court.webp\",\"contentUrl\":\"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/08\/madras-high-court.webp\",\"width\":886,\"height\":590,\"caption\":\"madras high court\"},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\/\/www.scconline.com\/blog\/post\/2023\/12\/01\/madras-high-court-commutes-death-sentence-father-who-raped-her-daughter-acquits-mother\/#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\/\/www.scconline.com\/blog\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"\u2018Not a case which would fall under the ‘rarest of rare’ category\u2019: Madras HC commutes death sentence of father who raped his daughter\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\/\/www.scconline.com\/blog\/#website\",\"url\":\"https:\/\/www.scconline.com\/blog\/\",\"name\":\"SCC Times\",\"description\":\"Bringing you the Best Analytical Legal News\",\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\/\/www.scconline.com\/blog\/?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"en-US\"},{\"@type\":\"Person\",\"@id\":\"https:\/\/www.scconline.com\/blog\/#\/schema\/person\/288d814d0864b57168e08daa1940a1c9\",\"name\":\"Apoorva\",\"image\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\/\/www.scconline.com\/blog\/#\/schema\/person\/image\/\",\"url\":\"https:\/\/secure.gravatar.com\/avatar\/549edb3ed2c7046a0c504583cf71db32c50251c1260a6331b2cc2973e80b0e91?s=96&d=mm&r=g\",\"contentUrl\":\"https:\/\/secure.gravatar.com\/avatar\/549edb3ed2c7046a0c504583cf71db32c50251c1260a6331b2cc2973e80b0e91?s=96&d=mm&r=g\",\"caption\":\"Apoorva\"},\"url\":\"https:\/\/www.scconline.com\/blog\/post\/author\/scc-editor\/\"}]}<\/script>\n<!-- \/ Yoast SEO Premium plugin. -->","yoast_head_json":{"title":"Madras High Court commutes death sentence of father who raped her daughter; Acquits mother | SCC Blog","description":"Madras HC commuted death sentence of father who raped her daughter; Acquitted mother","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.scconline.com\/blog\/post\/2023\/12\/01\/madras-high-court-commutes-death-sentence-father-who-raped-her-daughter-acquits-mother\/","og_locale":"en_US","og_type":"article","og_title":"\u2018Not a case which would fall under the 'rarest of rare' category\u2019: Madras HC commutes death sentence of father who raped his daughter","og_description":"Madras HC commuted death sentence of father who raped her daughter; Acquitted mother","og_url":"https:\/\/www.scconline.com\/blog\/post\/2023\/12\/01\/madras-high-court-commutes-death-sentence-father-who-raped-her-daughter-acquits-mother\/","og_site_name":"SCC Times","article_publisher":"https:\/\/www.facebook.com\/scc.online\/","article_published_time":"2023-12-01T06:30:18+00:00","article_modified_time":"2023-12-01T06:43:41+00:00","og_image":[{"width":886,"height":590,"url":"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/08\/madras-high-court.jpg","type":"image\/jpeg"}],"author":"Apoorva","twitter_card":"summary_large_image","twitter_title":"\u2018Not a case which would fall under the 'rarest of rare' category\u2019: Madras HC commutes death sentence of father who raped his daughter","twitter_misc":{"Written by":"Apoorva","Est. reading time":"7 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/www.scconline.com\/blog\/post\/2023\/12\/01\/madras-high-court-commutes-death-sentence-father-who-raped-her-daughter-acquits-mother\/","url":"https:\/\/www.scconline.com\/blog\/post\/2023\/12\/01\/madras-high-court-commutes-death-sentence-father-who-raped-her-daughter-acquits-mother\/","name":"Madras High Court commutes death sentence of father who raped her daughter; Acquits mother | SCC Blog","isPartOf":{"@id":"https:\/\/www.scconline.com\/blog\/#website"},"primaryImageOfPage":{"@id":"https:\/\/www.scconline.com\/blog\/post\/2023\/12\/01\/madras-high-court-commutes-death-sentence-father-who-raped-her-daughter-acquits-mother\/#primaryimage"},"image":{"@id":"https:\/\/www.scconline.com\/blog\/post\/2023\/12\/01\/madras-high-court-commutes-death-sentence-father-who-raped-her-daughter-acquits-mother\/#primaryimage"},"thumbnailUrl":"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/08\/madras-high-court.webp","datePublished":"2023-12-01T06:30:18+00:00","dateModified":"2023-12-01T06:43:41+00:00","author":{"@id":"https:\/\/www.scconline.com\/blog\/#\/schema\/person\/288d814d0864b57168e08daa1940a1c9"},"description":"Madras HC commuted death sentence of father who raped her daughter; Acquitted mother","breadcrumb":{"@id":"https:\/\/www.scconline.com\/blog\/post\/2023\/12\/01\/madras-high-court-commutes-death-sentence-father-who-raped-her-daughter-acquits-mother\/#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.scconline.com\/blog\/post\/2023\/12\/01\/madras-high-court-commutes-death-sentence-father-who-raped-her-daughter-acquits-mother\/"]}]},{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/www.scconline.com\/blog\/post\/2023\/12\/01\/madras-high-court-commutes-death-sentence-father-who-raped-her-daughter-acquits-mother\/#primaryimage","url":"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/08\/madras-high-court.webp","contentUrl":"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/08\/madras-high-court.webp","width":886,"height":590,"caption":"madras high court"},{"@type":"BreadcrumbList","@id":"https:\/\/www.scconline.com\/blog\/post\/2023\/12\/01\/madras-high-court-commutes-death-sentence-father-who-raped-her-daughter-acquits-mother\/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/www.scconline.com\/blog\/"},{"@type":"ListItem","position":2,"name":"\u2018Not a case which would fall under the ‘rarest of rare’ category\u2019: Madras HC commutes death sentence of father who raped his daughter"}]},{"@type":"WebSite","@id":"https:\/\/www.scconline.com\/blog\/#website","url":"https:\/\/www.scconline.com\/blog\/","name":"SCC Times","description":"Bringing you the Best Analytical Legal News","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.scconline.com\/blog\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"},{"@type":"Person","@id":"https:\/\/www.scconline.com\/blog\/#\/schema\/person\/288d814d0864b57168e08daa1940a1c9","name":"Apoorva","image":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/www.scconline.com\/blog\/#\/schema\/person\/image\/","url":"https:\/\/secure.gravatar.com\/avatar\/549edb3ed2c7046a0c504583cf71db32c50251c1260a6331b2cc2973e80b0e91?s=96&d=mm&r=g","contentUrl":"https:\/\/secure.gravatar.com\/avatar\/549edb3ed2c7046a0c504583cf71db32c50251c1260a6331b2cc2973e80b0e91?s=96&d=mm&r=g","caption":"Apoorva"},"url":"https:\/\/www.scconline.com\/blog\/post\/author\/scc-editor\/"}]}},"jetpack_featured_media_url":"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/08\/madras-high-court.webp","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":351235,"url":"https:\/\/www.scconline.com\/blog\/post\/2025\/06\/21\/mp-high-court-commutes-death-sentence-to-25-yrs-imprisonment-in-4-yr-old-minor-rape-case-scc-times\/","url_meta":{"origin":308162,"position":0},"title":"Accused can\u2019t said to be \u201cbrutal\u201d though \u201cbarbaric\u201d; MP High Court commutes death sentence to 25 yrs imprisonment in 4-yr-old minor rape case","author":"Ritu","date":"June 21, 2025","format":false,"excerpt":"While the crime was heinous and against a child, the Court noted that although the act was \u201cbarbaric\u201d, it could not be termed \u201cbrutal\u201d in the sense that it required capital punishment.","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Madhya Pradesh High Court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/03\/Madhya-Pradesh-High-Court.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/03\/Madhya-Pradesh-High-Court.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/03\/Madhya-Pradesh-High-Court.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/03\/Madhya-Pradesh-High-Court.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":333327,"url":"https:\/\/www.scconline.com\/blog\/post\/2024\/10\/18\/death-sentence-commuted-pregnant-daughter-murder-inter-caste-marriage-sc-legal-news\/","url_meta":{"origin":308162,"position":1},"title":"Supreme Court commutes death sentence of father convicted for murdering his pregnant daughter over inter-caste marriage","author":"Sucheta","date":"October 18, 2024","format":false,"excerpt":"The Court affirmed the father\u2019s conviction but converted the death penalty to 20 years\u2019 rigorous imprisonment without remission considering several mitigating factors favouring the accused.","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"pregnant daughter murder over inter-caste marriage","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/10\/pregnant-daughter-murder-over-inter-caste-marriage.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/10\/pregnant-daughter-murder-over-inter-caste-marriage.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/10\/pregnant-daughter-murder-over-inter-caste-marriage.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/10\/pregnant-daughter-murder-over-inter-caste-marriage.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":299543,"url":"https:\/\/www.scconline.com\/blog\/post\/2023\/08\/17\/rajasthan-hc-commutes-death-penalty-man-convicted-for-rape-and-murder-of-4-and-a-half-year-old-girl\/","url_meta":{"origin":308162,"position":2},"title":"Rajasthan High Court commutes death penalty of a man convicted for rape and murder of 4 and a half-year old girl","author":"Editor","date":"August 17, 2023","format":false,"excerpt":"\u201cThe Trial Court has rightly convicted the accused and we do not find any illegality in the impugned judgment of conviction and therefore, the same deserves to be upheld.\u201d","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"rajasthan high court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/06\/rajasthan-high-court.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/06\/rajasthan-high-court.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/06\/rajasthan-high-court.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/06\/rajasthan-high-court.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":367314,"url":"https:\/\/www.scconline.com\/blog\/post\/2025\/11\/21\/all-hc-commutes-death-sentence-man-who-raped-killed-5-month-old-cousin\/","url_meta":{"origin":308162,"position":3},"title":"‘Offence was not pre-meditated’; Allahabad HC commutes death sentence to life imprisonment of man who raped and killed his 5-month-old cousin","author":"Sonali Ahuja","date":"November 21, 2025","format":false,"excerpt":"The Court reiterated that though in a rape and murder case based on circumstantial evidence, the death penalty can be awarded in the \u2018rarest of rare\u2019, normally imprisonment for life without any remission may be awarded, unless a death sentence is inevitable.","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Man raped and killed 5-month-old cousin","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/11\/Man-raped-and-killed-5-month-old-cousin.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/11\/Man-raped-and-killed-5-month-old-cousin.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/11\/Man-raped-and-killed-5-month-old-cousin.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/11\/Man-raped-and-killed-5-month-old-cousin.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":209101,"url":"https:\/\/www.scconline.com\/blog\/post\/2019\/02\/01\/mp-hc-death-sentence-confirmed-in-case-of-rape-of-4-year-old-girl-held-a-rarest-of-the-rare-case\/","url_meta":{"origin":308162,"position":4},"title":"MP HC | Death sentence confirmed in case of rape of 4 year old girl; held a rarest of the rare case","author":"Bhumika Indulia","date":"February 1, 2019","format":false,"excerpt":"Madhya Pradesh High Court: The criminal appeal was filed before a Division Bench of P.K. Jaiswal and Anjuli Palo, JJ. by the accused to set aside the conviction and sentence passed under Section 363 of Penal Code and criminal reference to confirm death penalty awarded by First Addl. Sessions Judge,\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2017\/12\/MP-HC-JABALPUR.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2017\/12\/MP-HC-JABALPUR.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2017\/12\/MP-HC-JABALPUR.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2017\/12\/MP-HC-JABALPUR.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2017\/12\/MP-HC-JABALPUR.jpg?resize=1050%2C600&ssl=1 3x"},"classes":[]},{"id":273046,"url":"https:\/\/www.scconline.com\/blog\/post\/2022\/09\/05\/madras-high-court-reduced-sentence-of-kattai-raja-to-imprisonment-for-life-code-of-criminal-procedure-rarest-of-rare-cases-death-penalty-first-information-report-aggravating-circu\/","url_meta":{"origin":308162,"position":5},"title":"Madras High Court reduces sentence of Kattai Raja to imprisonment for life; Case does not fall under the ‘rarest of rare doctrine’","author":"Editor","date":"September 5, 2022","format":false,"excerpt":"\u00a0 \u00a0 Madras High Court: In a case related to a reference made by the Additional District and Sessions Judge under S. 366 Code of Criminal Procedure, 1973 for confirmation of the death sentence awarded to Kattai Raja and the criminal appeal filed by him challenging the conviction and sentence,\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Madras High Court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/02\/Madras-HC.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/02\/Madras-HC.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/02\/Madras-HC.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/02\/Madras-HC.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/02\/Madras-HC.jpg?resize=1050%2C600&ssl=1 3x"},"classes":[]}],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/308162","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/users\/67512"}],"replies":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/comments?post=308162"}],"version-history":[{"count":0,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/308162\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media\/298865"}],"wp:attachment":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media?parent=308162"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/categories?post=308162"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/tags?post=308162"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}