"Death Penalty for Accused to rape and kill a 3-year-old," : SC

A bench headed by Justice L Nageswara Rao commuted the death sentence of a Chhattisgarh resident to life imprisonment.

New Delhi: The Supreme Court (SC) has finally declared a "death penalty" for the man convicted for raping and killing a three-year-old girl in 2016 and considered the possibility of his reformation and rehabilitation.

A bench headed by Justice L Nageswara Rao commuted the death sentence of a Chhattisgarh resident to life imprisonment. The bench maintained a speedy trial is desirable but sufficient time ought to have been given in this case to the counsel appearing for the accused to prepare for the defence.

The bench has passed an order on an appeal filed by Lochan Srivas against the conviction and death penalty awarded to him by a trial court and further upheld by the high court in Chhattisgarh.

During the trials, on June 17, 2016, the judgement was given for a death sentence but the court said the convict was not a hardened criminal.

The bench said, "It, therefore, cannot be said that there is no possibility of the appellant being reformed and rehabilitated foreclosing the alternative option of a lesser sentence and making the imposition of death sentence imperative."

"The appellant is a young person, who was 23 years old at the time of the commission of the offence. He comes from a rural background. The state has not placed any evidence to show that there is no possibility for reformation and the rehabilitation of the accused."

The court also took note of the affidavits filed by the convict's younger brother and elder sister, who claimed he did well at school and made consistent efforts to bring the family out of poverty.

"The conduct of the appellant in the prison is satisfactory. There are no criminal antecedents. It is the first offence committed by the appellant. No doubt, a heinous one," it said.