INDIA: HIGH COURT COMMUTES DEATH SENTENCE TO LIFE IMPRISONMENT

October 7, 2024:

The high court in Kochi, in the Indian state of Kerala, has commuted the death sentence awarded to Rajith, the prime convict in the 2013 murder case of a four-year-old girl in Chottanikkara, to life imprisonment, Times of India reported on September 14, 2024.
The court ruled that the prosecution failed to prove that the act constituted culpable homicide, instead finding it to be an act done to cause bodily injury likely to result in death. The court also reduced the sentences of the second and third accused, Rani, the mother of the deceased girl and Basil K Vasu, a friend of both accused from double life imprisonment to single life imprisonment, with a fine of Rs 75,000 each.
The bench of Justices A K Jayasankaran Nambiar and V M Syamkumar delivered the judgment on the appeal filed by the accused challenging the conviction and sentence of the trial court.
The prosecution's case alleged that the accused brutally killed Rani's four-year-old daughter on Oct 29, 2013, viewing the girl as an obstacle to their wayward lifestyle. The deceased was Rani's daughter from a former marriage. Although Rani had reported the girl missing to the Chottanikkara police, it was soon discovered that the missing report was a ploy to mislead the investigation.
The girl's body was later found on a property in Kadayikkavalavu.
It was also revealed that Rajith, Rani, and Basil lived together in a rented house under pretences, with Rajith presenting Rani as his wife and Basil as his wife's brother.
It was alleged that Rajith attempted to assault the girl and threw her against a wall, causing the back of her head to hit the wall, which resulted in her death.
The special court in Ernakulam had initially imposed the death sentence on Rajith and awarded double life imprisonment to Rani and Basil, along with a fine of Rs 1.25 lakh each.
In considering the appeal, the division bench observed that while the prosecution had proven beyond reasonable doubt that the appellants conspired and committed the offences, the motive presented — that the accused sought to rid themselves of the girl who was perceived as an obstacle — was deemed illogical. The prosecution failed to prove that Rajith had the intention to kill the girl. Consequently, the bench concluded that the offence amounted to culpable homicide not amounting to murder, rather than murder.