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HC commutes death to life sentence in 2017 rape and murder of 4-yr-old
Ahmedabad: The Gujarat High Court has commuted death penalty given to an accused person to life imprisonment in a 2017 case in which a four-year-old girl was murdered after being raped and sodomised in Anand district.
A division bench comprising Justice AK Desai and Justice AS Supehia observed that the case did not fall under the category of rarest of rare case and a capital punishment was unwarranted.
So the court decided to commute the sentence to life imprisonment for the offence punishable under Section 302 of the IPC, while other directions of a lower court were retained.
Anand Additional Special Judge for POCSO Court had found Raju alias Rajeshbhai Vaghri guilty in the 2017 murder rape and sodomy case and sentenced him to death for the offence punishable under Section 302.
For the Section 376 offence, the court had slapped a life sentence.
Other punishment included 10 years jail for offence under Section 377 and 5 years imprisonment under Section 363. The trial court had found this the rarest of rare case and awarded death sentence.
The accused had not challenged the trial court order but the provision of Section 368 of Criminal Procedure Code empowers the high court to confirm the sentence or pass any other sentence under the law.