SC upholds death sentence of man for rape and murder of mentally and physically challenged girl

The Supreme Court on Friday upheld the death sentence awarded to a man for the cold blooded murder and brutal rape of a seven-and-a-half-year-old mentally and physically challenged girl in 2013.

The top court confirmed the Rajasthan High Court's May 29, 2015 order, which sentenced the convict, Manoj Pratap Singh to the capital punishment.

A bench of Justices A M Khanwilkar, Dinesh Maheshwari and C T Ravikumar said, "in the present case, where all the elements surrounding the offence as also those surrounding the offender cut across the balance sheet of aggravating and mitigating circumstances, we are clearly of the view that there is absolutely no reason to commute the sentence of death to any other sentence of lesser degree".

The court noted that the crime here had been of extreme depravity, which shocked the conscience, particularly looking to the target (a seven-and-a-half-year-old mentally and physically challenged girl) and then, looking to the manner of committing murder, where the hapless victim's head was literally smashed, resulting in multiple injuries, including fracture of frontal bone.

The court further pointed out even the alternative of awarding the sentence of imprisonment for whole of the natural life with no remission does not appear justified in view of the nature of crimes committed by the appellant and looking to his incorrigible conduct.

It also noted the convict, who hailed from Maharajganj district in Uttar Pradesh had a history of four criminal cases.

"The tremors thrown by the appellant to shock anyone’s conscience with his beastly conduct have not stopped even with this inhumane crime and even after his conviction...the further shocking and disturbing factor is that even while in jail, he had been accused and convicted of the offence of yet another murder, this time of a co-inmate of the jail, while joining hands with three other inmates," the bench said.

The bench said that there is no possibility that he would not relapse again in this crime if given any indulgence. The court also rejected a plea for psychological evaluation of the convict, saying it was impractical and unrealistic.

The convict had kidnapped, raped, and murdered the girl on January 17, 2013 in Rajsamand district.