Life Imprisonment for Convict Indar Oraon with Emphasis on Possibility of Reformation and Rehabilitation
In a significant judgment, the Jharkhand High Court has commuted the death sentence of Indar Oraon, convicted for the rape and murder of a five-year-old girl, to life imprisonment. The case, which had shocked the community due to its brutality, was initially awarded the death penalty by the trial court. The High Court, however, highlighted the potential for reformation and rehabilitation in its decision to alter the sentence.
The horrifying incident took place on December 24, 2022, when the minor was lured by Indar Oraon under the pretense of giving her money and was later found dead near a village bathroom. The prosecution presented a strong case based on circumstantial evidence, including the "last seen theory," where the accused was last seen with the victim. Medical evidence corroborated the charges of sexual assault and murder, establishing a solid chain of circumstantial evidence.
The bench, comprising Justice Sujit Narayan Prasad and Justice Arun Kumar Rai, emphasized that while the crime was heinous, the possibility of the accused's rehabilitation could not be ignored. The court took into account various precedents and guidelines from the Supreme Court, which stress that the death penalty should be reserved for the "rarest of rare" cases and that possibilities of rehabilitation should always be considered.
The court also took note of the victim's family's rights under the Victim Compensation Scheme and directed the Jharkhand State Legal Services Authority to ensure they receive due compensation promptly.
This judgment underscores the judiciary's commitment to balancing justice with the potential for rehabilitation, even in the most grievous of crimes.
Bottom Line:
Rape and murder of a minor girl aged 5 years - Conviction based on circumstantial evidence including the "last seen theory" - Death sentence commuted to life imprisonment due to the possibility of reformation, rehabilitation, and social reintegration of the accused.
Statutory provision(s): Indian Penal Code, 1860 - Sections 302, 376(2)(f); POCSO Act, 2012, Section 6; Indian Evidence Act, 1872 - Sections 106, 118; Criminal Procedure Code, 1973 - Section 357-A; Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 396
State of Jharkhand v. Indar Oraon, (Jharkhand)(DB) : Law Finder Doc Id # 2833768
