Gujarat High Court Commutes Death Sentence to Life Imprisonment for Convict in POCSO Case

Death penalty for rape of six-year-old reduced to life imprisonment considering lack of criminal antecedents and potential for reformation

In a landmark judgment, the Gujarat High Court has commuted the death penalty awarded to Jayantibhai @ Langho Chimanbhai Solanki, convicted for raping a six-year-old girl, to life imprisonment. The decision comes after considering the convict's absence of criminal antecedents, good behavior in jail, and potential for reformation. The High Court's Division Bench, comprising Justices Ilesh J. Vora and R.T. Vachhani, delivered the judgment on December 12, 2025.

The case, initially tried by the Special POCSO Court in Kheda, involved the brutal rape of a minor girl. Solanki had been convicted under Section 376(AB) of the Indian Penal Code (IPC) and Sections 5(m) and 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The Special Court had awarded him the death penalty, citing the heinous nature of the crime.

However, upon appeal, the High Court meticulously examined the circumstances surrounding the case. Despite the severity of the crime, the court emphasized the importance of evaluating the possibility of the convict's reformation and rehabilitation before confirming a death sentence. The judgment cited landmark Supreme Court rulings, including Bachan Singh v. State of Punjab and Machhi Singh v. State of Punjab, which set guidelines for determining when the death penalty should be imposed.

The court acknowledged the gravity of the offence but noted that the absence of prior criminal records and the convict's behavior in prison suggested he might be capable of reform. The judgment aligns with the principle that the death penalty should only be imposed in the "rarest of rare" cases, where alternative punishments are deemed inadequate.

The High Court's decision reflects a shift towards considering the broader implications of capital punishment and the potential for rehabilitation. The ruling underscores the judiciary's role in balancing justice with compassion, particularly in cases involving vulnerable victims and serious crimes.

Bottom Line:

Sentencing under the POCSO Act and IPC - Death penalty awarded to the accused for committing rape on a six-year-old girl commuted to life imprisonment for the remainder of natural life, considering the absence of criminal antecedents, good behavior in jail, and possibility of reformation.

Statutory provision(s): Indian Penal Code, 1860 Section 376(AB), Protection of Children from Sexual Offences Act, 2012 Sections 5(m) and 6, Criminal Procedure Code Section 313

State of Gujarat v. Jayantibhai @ Langho Chimanbhai Solanki, (Gujarat)(DB) : Law Finder Doc Id # 2822173