Overview:

On February 27, 2024, a Mumbai court sentenced a transgender individual to death for the rape and murder of a three-month-old girl. The accused killed the infant after the victim’s family declined to provide money and gifts traditionally given for blessing the baby.

Facts of the Case:

In July 2021, a three-month-old infant girl was abducted, raped, and murdered in Mumbai. The accused, X, a transgender individual, committed the heinous act following a dispute over customary gifts demanded by the accused upon the child’s birth. The victim’s family refused to comply with the demands, leading to the tragic sequence of events. X and one accomplice were taken into police custody and booked under Section 302 (Punishment for Murder), Section 201 (Tampering with Evidence), Section 363 (Kidnapping) and Section 34 (Common Intent) of the Indian Penal Code and Protection of Children from Sexual Offences (POCSO) Act.

Contention of the Prosecution:

The prosecution presented a compelling case, supported by testimonies and circumstantial evidence. They argued that X’s actions were premeditated, demonstrated by the demand for gifts and subsequent refusal by the victim’s family. The prosecution outlined the sequence of events, highlighting the abduction, rape, and murder of the infant as deliberate and reprehensible acts under the IPC and the POCSO Act. The prosecution emphasized the severity of the offense, stressing the vulnerability of the victim and the irreparable harm inflicted upon her family.

Defence Argument:

The defense sought to mitigate X’s culpability by presenting mitigating factors such as background and psychological considerations. They argued that societal factors, including discrimination and marginalization faced by transgender individuals, may have influenced X’s actions. The defense highlighted the need for a comprehensive understanding of the circumstances surrounding the crime, urging the court to consider factors beyond the immediate incident. Additionally, the defense emphasized the principle of fairness and urged the court to conduct a balanced assessment of X’s actions. They advocated for leniency and alternative forms of punishment, considering the defendant’s background.

Court’s Observation:

The presiding special judge of POCSO court, examined the evidence and legal arguments presented by both the prosecution and the defense. The court expressed profound condemnation for the defendant’s actions, describing them as barbaric and inhuman. The judge observed the deliberate and callous nature of the crime, noting the vulnerability of the victim and the irreversible harm inflicted upon her.

The court acknowledged the prosecution’s compelling evidence, which corroborated the sequence of events leading to the infant’s abduction, rape, and murder. The court based its judgment on circumstantial evidence since there were no eyewitnesses to the child’s abduction from her home on the night of July 8, 2021. The evidence consisted of accounts from the family and two neighbours, who claimed to have seen the accused carrying a ‘bundle’ on his shoulder around 2 am. Thus, circumstantial evidence reinforced the prosecution’s case, establishing X’s guilt beyond a reasonable doubt.

The court described the act as ‘cold blooded murder’ and stated “Life sentence is a rule, and death sentence is an exception, only to be awarded in the rarest of rare cases. This crime smacks of the degradation of a girl child, depravity, and perversity. The barbaric and inhuman manner in which the offence was committed has made it the ‘rarest of rare case’.”

The court also observed, “This is a crime that would send a chill down the spine of every parent of a girl child, especially in a poor vicinity. The perversity in the mind of the accused is apparent when a budding infant/girl child is exterminated in a very ghastly and shocking manner, the social fabric gets permanently damaged beyond repair.”

Furthermore, the court emphasized the societal impact of such atrocities, particularly in communities already facing socio-economic challenges. The judge underscored the need for stringent measures to deter similar acts of violence against vulnerable members of society.

Decision:

After thorough deliberation, the court classified the case as “the rarest of rare,” warranting the imposition of the death penalty. X was found guilty of kidnapping, rape, and murder, and tampering with evidence according to the IPC and the POCSO Act and was sentenced to death by hanging, marking a rare application of the capital punishment for crimes under the POCSO Act.

In contrast, another accused was acquitted of the charges due to insufficient evidence. The court emphasized the premeditated nature of the crime, which it deemed alarming for all parents of female children, particularly those in impoverished areas.