P&H HC commutes death penalty in rape-murder of 5-year-old, orders convict to remain in jail for 30 years till “sunset of virility”

P&H HC commutes death penalty in rape-murder of 5-year-old, orders convict to remain in jail for 30 years till “sunset of virility”

The High Court of Punjab and Haryana commuted the death sentence of the convict in the brutal rape and murder of a 5-year-old girl, holding that the ends of justice would be met by keeping him behind bars until the “sunset of virility.” In State of Haryana vs. Virender @ Bholu, the Court upheld the conviction of the accused based on a complete chain of circumstantial evidence, including last-seen proof, false explanation, recovery of the child’s body from his house, medical findings of rape and homicide, and DNA evidence. The Court held that the prosecution proved guilt beyond reasonable doubt. However, applying the “rarest of rare” doctrine, the Bench found that the case did not warrant the extreme penalty of death. Considering the possibility of reform, the death sentence was commuted to life imprisonment with a minimum of 30 years of actual incarceration without remission, along with an enhanced fine of ₹30 lakh payable to the victim’s family. The Court acquitted the co-accused mother, holding that her conduct was driven by maternal instinct and not criminal conspiracy.