The Madras High Court has commuted the death sentence of a man convicted for repeated sexual assault of his minor daughter, observing that keeping the convict alive to endure a lifelong confrontation with his actions would better meet the ends of justice than the finality of execution.
The Division Bench of Justice N Anand Venkatesh and Justice KK Ramakrishnan modified the sentence to imprisonment for the remainder of the convict’s natural life, clarifying that the convict would not be eligible for remission, premature release or further commutation.
The High Court noted that convict Murugan was already living in complete social isolation, having been abandoned by his family and community. It described this condition as a continuing and severe form of punishment, akin to a ‘living exile,’ reinforcing its decision to impose imprisonment for life without the possibility of remission, premature release, or further commutation.
The case involved the repeated aggravated penetrative sexual assault of the convict’s 14-year-old biological daughter. Evidence on record showed that he exploited her vulnerability in the absence of her mother and subjected her to abuse on more than twenty occasions. The crime came to light when the victim’s mother noticed physical changes and sought medical evaluation, which revealed that the girl was approximately five months pregnant. Subsequent DNA analysis confirmed the convict as the biological father of the foetus.
A special court under the Protection of Children from Sexual Offences Act (POCSO) had earlier convicted Murugan under Section 6 and sentenced him to death, citing the gravity of the offence and the profound physical and psychological harm inflicted on the child. The trial court had characterised the act as a grave breach of trust and considered the accused a danger to society.
While affirming the conviction, the High Court undertook a detailed examination of the principles governing capital punishment. It held that the case did not fall within the ‘rarest of rare’ category required to justify the death penalty, noting the absence of additional evidence of physical brutality beyond the sexual assaults. The Court reasoned that this left room for the possibility of reform and living expiation.
The Bench also pointed to shortcomings in the trial process, observing that the sentencing decision appeared to have been influenced by the emotional weight of the crime rather than a balanced assessment of legal principles. It further noted that the State had failed to establish that the convict was beyond the possibility of reformation, an essential requirement for imposing the death penalty.
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