The Kerala High Court on Friday commuted the death sentence of a man convicted of killing his partner’s 4-year-old daughter, reducing his punishment to life imprisonment (State of Kerala v Rajith & Ors).
The man had been sentenced to death by the trial court for the 2013 death of the child, who was his partner’s daughter from a previous marriage. However, the Division Bench of Justice AK Jayasankaran Nambiar and Justice Syam Kumar VM ruled that the intention to murder was not proven, and thus altered the conviction from murder (Section 302 of the Indian Penal Code) to culpable homicide not amounting to murder (Section 304 Part I of the IPC).
“We note that the evidence presented by the prosecution indicates that the act of the accused falls under the second part of culpable homicide as described in Section 299 IPC—an act done with the intention to cause bodily injury likely to result in death. This qualifies as an offence under the first part of Section 304 IPC,” the Court stated.
The conviction of the other two accused, including the child’s mother, was similarly altered from murder to culpable homicide not amounting to murder.
The case involved Rajith, the primary accused, who was living with the child’s mother at the time. The prosecution alleged that Rajith, along with the mother and another accused, Basil, conspired to kill the child, whose body was found in a six-foot-deep pit on October 30, 2013. According to the prosecution, the motive was that the child was an “obstacle” to Rajith and her mother’s relationship.
In 2018, the trial court found all three guilty under various provisions of the IPC, Protection of Children from Sexual Offences Act (POCSO Act), and the Juvenile Justice Act, sentencing Rajith to death and the other two to life imprisonment. The convicts appealed the verdict in the High Court.
Upon reviewing the circumstantial evidence, the High Court questioned the prosecution’s motive, noting that the mother could have sent the child to live with her grandparents, where her other child was already staying. This undermined the alleged motive presented by the prosecution.
Despite this, the Court confirmed that the child had been the victim of a homicidal death and that the accused had conspired to cause bodily harm. However, it found insufficient evidence to establish intent or knowledge of murder.
“We conclude that the prosecution has proven beyond reasonable doubt that the appellants conspired and committed offences amounting to culpable homicide with the intent to cause bodily injury likely to result in death. They also conspired to hide the child’s body to destroy evidence,” the Court held.
As a result, Rajith’s death sentence was commuted to life imprisonment, while the life sentences of the child’s mother and Basil were upheld. The Court also acquitted Rajith and the mother of charges under the POCSO Act and Juvenile Justice Act.
The convicts were represented by advocates Babu S Nair, C Anil Kumar, and KV Sabu, while Public Prosecutor Ambika Devi S appeared for the State.
