A Delhi court has sentenced a 25-year-old man to life imprisonment for raping and battering to death a 5-year-old girl in 2017, observing the "brutality" showed his criminal bent of mind.
Additional Sessions Judge Amit Sahrawat was hearing a case against the man who was a juvenile at the time of the offence and now tried as an adult offender. The bench found the man guilty of committing the offences of rape and murder.
"In the present case, the aggravating factors against the Child in Conflict with Law (CCL) are that firstly he has committed rape of a child, just of about 5 years, and thereafter mercilessly caused death of the said child by hitting stones on her head," the court said.
"The causation of such heinous offences itself explains the brutality caused by CCL and his criminal psychology which existed at the time of the offence," it added in its order dated August 3.
The court said the CCL was an adolescent (over 16 years) when he committed the crime here, and did not have the psychological maturity of an adult and so he could not be compared to an adult offender in the strictest manner.
"The option of treating the CCL as an adult offender only provides that if there is no reformation in the CCL, then he could be directed to undergo a longer or remaining sentence, as in case of major accused persons, but it does not mean that CCL has to be sentenced like an accused in each and every aspect," the court said.
It said the juvenile had to be sentenced only after considering his reformation and rehabilitation.
"While considering the fact that possibilities of a CCL, to become part of society, have to be kept open, this court is of considered opinion that the CCL should be given minimum sentence provided for the offences committed by him," the bench said.
Underlining that the minimum sentence for murder was life imprisonment, it said that as per the provisions of the Juvenile Justice Act, life imprisonment with the possibility of release could be awarded to him.
"While drawing a balance between the reformation of CCL and heinousness of offence committed by him, the CCL is directed to undergo the minimum sentence provided for offences committed by him, which is imprisonment for life with a fine of Rs 10,000 for the offence under IPC section 302 (murder)," the court said.
The bench also sentenced him to 10 years rigorous imprisonment for the offence of rape.
The court observed that when a juvenile facing trial as an adult offender was found to have committed any offence, then at the time of passing the verdict on the quantum of sentence, it had to be considered whether the CLL was reformed.
It, however, said that the juvenile could not be released as he needed to be further reformed.
The bench noted that the convict was still involved in crimes such as unlawful sale, possession, and manufacture of intoxicants when he was a major and out of institutional care.
The man was also not remorseful about his misdeeds, which shows that there is no reformation in him and therefore if he is set free without any reformation, he could further get himself involved in other crimes, the court said.
It directed the prison authorities to provide him with education and employment.
"The District Child Protection Unit is directed to assess the reformation of CCL yearly and shall file its follow-up report before this court every year," the court said.
It also declared Rs 17 lakh as compensation to the parents of the victim girl.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
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