The Orissa High Court recently commuted the death sentence of a man convicted for the rape and murder of a six-year-old girl [State of Odisha v. Sk. Asif Alli and Another]. The Court also acquitted another accused who had been sentenced to death by the trial court.
The case involved appeals by two men convicted in the rape and murder case. As for one of the convicts, Sk. Asif Alli, the Bench of Justices SK Sahoo and RK Pattanaik noted that a psychiatrist’s report indicated he was maintaining a proper routine, was cordial with other prisoners and staff, prayed to God regularly, and had surrendered before God.
“He is offering prayers to God many times a day and is ready to accept the punishment as he has surrendered before God,” the Court observed. The Court further reasoned that there was no cogent evidence to show that the appellant was beyond reform and rehabilitation.
“The punishment should not be disproportionately great. Any punishment in excess of what is deserved for the criminal conduct is punishment without guilt,” the Court added in its 106-page judgment. The Court also noted that there were no adverse reports against the convict, nor had he committed any prison offenses during his ten years in jail. Hence, it commuted his death penalty to life imprisonment.
Regarding the other accused, Sk. Akil Alli, the Court acquitted him due to a lack of evidence, both medical and circumstantial. By way of background, Sk. Asif Alli and Sk. Abid Alli (appellants) were accused of apprehending a six-year-old girl while she was returning home with her cousin after buying chocolates from a shop. She was forcibly taken away, raped, sustained injuries, and died. The cause of death was shock and hemorrhage due to injuries to her genital tract.
The trial court convicted both appellants for murder and awarded them the death sentence. A third accused was acquitted. The two convicted appealed to the High Court, which examined the evidence and found the case against Sk. Akil Alli was not proven beyond a reasonable doubt.
Regarding scientific evidence in Akil Alli’s case, the Court noted, “The chemical examination report indicates that no blood, semen, or vaginal secretion stains were noticed, and no blood or semen was found. No fingerprint of the appellant Sk. Akil Alli matched the chance fingerprints on Aska 40 liquor bottles found at the spot,” the Court said. The prosecution contended that Akil Alli was consuming liquor with the other accused before the crime. However, the Court said this was much before the crime and could not link Akil Alli to the crime itself.
“Thus, the second circumstance, i.e., the appellants were seen taking liquor in the verandah of the house of one Manu Mian and gossiping among themselves, as proved by the prosecution, is not by itself sufficient to connect the appellants with the crime,” the Court held. Similarly, the mere fact that he was found trembling and nervous later was insufficient to link him to the offense. Hence, it acquitted Akil Alli.
Regarding Asif Alli, the Court upheld the conviction but noted that the trial court did not allow an opportunity to submit any material to show mitigating factors against the death penalty. Therefore, the High Court considered both aggravating and mitigating circumstances and held that capital punishment was not the only option for Sk. Asif Alli, thus commuting the death sentence to life imprisonment.
“The death sentence awarded to the appellant for the offense under section 302 of the IPC is commuted to life imprisonment, which shall mean till his natural death, without remission/commutation under sections 432 and 433 of the Code of Criminal Procedure,” the Court ruled.
Advocate Sk. Zafarulla appeared for the prisoner Sk Asif Ali and the accused Sk. Abid Ali, while Additional Government Advocate Bibhu Prasad Tripathy appeared for the State.
