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Death Sentence for committing rape and murder of 8-year-old girl, confirmed: Rajasthan High Court.

The Rajasthan High Court passed a judgement on 01-09-2016 in the case of State of Rajasthan vs. Prahlad Criminal Appeal No. 17941796 of 2017 headed by Bench M R Shah, M M Shantanagoudar and N V Ramana. Applying the principle of rarest of rare case, the Court upheld the decision of trial court and confirmed death sentence awarded to the accused for committing rape and murder of 8-year-old girl.

FACTS OF THE CASE:

The present case was filed by the State of Rajasthan for confirmation of the capital punishment awarded by the learned District & Sessions Judge, Pratapgarh vide judgement dated 18-09-2015 in Sessions Case No. 149/2013 to the accused for committing offence under Section 302 Penal Code and under Section 3 read with Section 4 of the Protection of Children from Sexual Offences Act, 2012.

JUDGEMENT:

The Court stated that the accused has crushed all the parameters of trust by committing rape and murder of an 8-year-old young girl who treated accused as maternal uncle. It is also evident that the deceased tried to resist but helpless girl was killed by the accused appellant, therefore, it is not only a case of murder and harassing sexually of young girl of 8 years, but it is a case in which all the parameters of trust are crushed by the accused. The accused murdered a helpless minor girl only to satisfy his physical desire.

The Court upon consideration of the entire evidence and the fact that accused has crushed all limits of trust and committed offence under Section 302 IPC and under the provisions of POCSO Act, confirmed death sentence awarded by the learned trial court.

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JUDGEMENT REVIEWED BY CHANDANA SHEKAR

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