Court affirms the death sentence for Atul Nihale under "rarest of rare" doctrine after brutal sexual assault and murder of a five-year-old girl
In a landmark judgment, the Madhya Pradesh High Court has upheld the conviction and death sentence of Atul Nihale, accused of the barbaric sexual assault and murder of a five-year-old girl. The judgment, delivered by a division bench comprising Justices Vivek Agarwal and Ramkumar Choubey, reinforces the doctrine of "rarest of rare" cases as a criterion for capital punishment.
The case, originating from Bhopal, involved the gruesome discovery of the young victim's body in a water tank at Nihale's residence. The Special Judge had earlier convicted Nihale under various sections of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Protection of Children from Sexual Offences Act (POCSO Act), affirming the death penalty due to the heinous nature of the crime. The High Court, in its judgment dated January 22, 2026, confirmed this sentence.
The prosecution presented compelling evidence, including DNA analysis, which conclusively linked Nihale to the crime. The scientific evidence, corroborated by witness testimonies, established the chain of circumstances that led to the conviction. The court emphasized the brutal manner in which the crime was committed, noting the use of a kitchen knife to enlarge the victim's private parts before sexual assault, followed by her murder.
Despite arguments from the defense highlighting mitigating factors such as Nihale's socio-economic background and familial responsibilities, the court found these insufficient to outweigh the aggravating circumstances. The judgment underscored the need for justice to reflect societal conscience, especially in crimes of extreme brutality against minors.
The decision is a significant affirmation of India's legal framework concerning capital punishment for the most heinous crimes. It resonates with precedents set by the Supreme Court in cases like Bachan Singh v. State of Punjab and Machhi Singh v. State of Punjab, where the balance of aggravating and mitigating factors is crucial in deciding the imposition of the death penalty.
Bottom Line:
The appellant was convicted and sentenced under various sections of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNS) and POCSO Act for the barbaric sexual assault and murder of a five-year-old girl. The Madhya Pradesh High Court upheld the conviction and affirmed the death penalty, classifying the case under the "rarest of rare" category due to the heinous and inhumane nature of the crime.
Statutory provision(s): Sections 87, 65(2), 64(2)(1), 64(2)(m), 66, 103, 238(a) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNS), Sections 5(m)/6, 5(j)(i)/6, 5(1)/6, 5(j)(iv)/6 of Protection of Children from Sexual Offences Act, 2012 (POCSO Act), Section 23 of Bharatiya Sakshya Adhiniyam, 2023
Atul Nihale v. State of Madhya Pradesh, (Madhya Pradesh)(Jabalpur)(DB) : Law Finder Doc id # 2843028
