Supreme Court Refuses To Award Death Penalty In the Case of Rape And Murder of 9-Year-Old Girl From Telangana

Must Read

Bombay High Court Pursues Case Alleging Media Trial, Says NBSA Guidelines Must Be Toothed by Centre

Amid the pleas alleging media trials, the Division Bench had been hearing submissions of the News Broadcasters’ Authority (NBA)....

Himachal Pradesh High Court Supports Promotion Based on Seniority of Post Rather Based on the Eligibility Test

In the case of Ramesh Chand Versus State of Himachal Pradesh & Others, the petitioner, reached the court as...

NCDRC Dismisses PIL against Urologist, Holy Family Hospital, Says Mode Of Treatment Or Skill Differs From Doctor To Doctor

The National Consumer Dispute Redressal Commission (NCDRC) dismissed a petition against Holy Family Hospital and a Urologist, alleging negligence...

Himachal Pradesh High Court Disposes Suit for Possession and Permanent Prohibitory Injunction Due To Mutual Consent

In the case of Parveen Kumar vs Smt. Vijay Laxmi and Ors, the Petitioner, Parveen had filed a suit for declaration,...

Supreme Court Appoints Committee To Examine Arbitrariness of Sealing of Resorts in Elephant Corridor, Tamil Nadu

A Full Bench headed by the Chief Justice of India, in the matter of Hospitality Association of Mudumalai V. In...

Madhya Pradesh High Court Rules That Export Ban on N95 Masks & PPE Kits Does Not Violate Fundamental Right of Traders

The Madhya Pradesh High Court held that the formulation and regulation of trade policies were within the subjects of...

Follow us

The Supreme Court has refused to apply the retrospective effect of the POCSO law on the rape and murder of a 9-year-old girl. A Division Bench of Justices Sanjay Kishan Kaul and K.M. Joseph conducted the hearing. They heard the SLP preferred against the decision of the Trial Court and HC in the aforesaid matter.

Brief Facts of the Case 

Offences against infants are deemed to be the most heinous crimes across the globe. And to deter one from committing such a crime, the Court has to award the highest level of punishments. But, also they have to practice the reformation theory. 

The present case is of rape and murder of a 9-year-old child who hails from Kumarpally in Hanamkonda. On June 18, 2019, Polepaka Praveen alias Pawan kidnapped the girl from her house. She was then raped and murdered on the same day. He got caught by the girl’s family within a few hours, but by that time the girl was already dead. Cops filed a case against him in the Trial Court of Warangal. They filed it under the Protection of Children against Sexual Offences Act, 2012. The Trial Court awarded a death penalty to the accused. 

After this decision, Pawan filed a petition in the High Court against the order passed by the Trial Court. The High Court modified the death penalty to life imprisonment. The Court said that the case did not fall in the ‘rarest of the rare’ category. The Court opined that granting the death penalty means that the State admits that they are incapable of reforming the convict. Hence the 25-year-old convict should get a chance to reform himself. The Court held that he shall not get any remission and shall not be released till his last breath. 

As a result, the Telangana Government moved to the Apex Court against the Hyderabad High Court order in the said case. 

Arguments before the Court

Advocate Binana Madhvan appeared on behalf of the petitioners. She submitted that a signal goes to the society by the imposition of the death sentence, she further said: 

“The imposition of the death sentence was included in the Protection of Children from Sexual Offences Act, 2012 with effect from 6th August 2019. The perpetrator committed the offence on 18/19.6.2019. Keeping in mind the intent of the Parliament, it should get a retrospective effect even though the provision is prospective in nature”.

Court’s Observation

The Court said that it fails to see how it can grant the retrospective effect when the punishment is to operate prospectively.

They find life imprisonment till death, a punitive punishment. It will suffice the purpose of sending the right signal to society. The Court said:

“We are of the view that the High Court has deemed it appropriate to impose the life sentence till the last breath. This Court under Article 136 of the Constitution should not interfere for the conversion to a death sentence as imposed by the Trial Court.”

Court’s Order

The Hon’ble Court dismissed the petition and upheld the decision of the High Court. Further, the pending application will stand dismissed. 


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgements from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe for our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Bombay High Court Pursues Case Alleging Media Trial, Says NBSA Guidelines Must Be Toothed by Centre

Amid the pleas alleging media trials, the Division Bench had been hearing submissions of the News Broadcasters’ Authority (NBA). It prayed that severe restrictions...

Himachal Pradesh High Court Supports Promotion Based on Seniority of Post Rather Based on the Eligibility Test

In the case of Ramesh Chand Versus State of Himachal Pradesh & Others, the petitioner, reached the court as he was aggrieved by the...

NCDRC Dismisses PIL against Urologist, Holy Family Hospital, Says Mode Of Treatment Or Skill Differs From Doctor To Doctor

The National Consumer Dispute Redressal Commission (NCDRC) dismissed a petition against Holy Family Hospital and a Urologist, alleging negligence in diagnosing the septicemia and...

Himachal Pradesh High Court Disposes Suit for Possession and Permanent Prohibitory Injunction Due To Mutual Consent

In the case of Parveen Kumar vs Smt. Vijay Laxmi and Ors, the Petitioner, Parveen had filed a suit for declaration, possession and a permanent prohibitory...

Supreme Court Appoints Committee To Examine Arbitrariness of Sealing of Resorts in Elephant Corridor, Tamil Nadu

A Full Bench headed by the Chief Justice of India, in the matter of Hospitality Association of Mudumalai V. In Defence of Environment and Animals...

Madhya Pradesh High Court Rules That Export Ban on N95 Masks & PPE Kits Does Not Violate Fundamental Right of Traders

The Madhya Pradesh High Court held that the formulation and regulation of trade policies were within the subjects of the Central Government. Any reasonable...

Delhi High Court Issues Notice To Two Pleas Filed Praying for Recognition of Same-Sex Marriage

The Court heard two writ petitions which urged that the Special Marriage Act and the Foreign Marriage Act be interpreted to also apply to...

Supreme Court Allows Appeal Challenging Allahabad High Court Order Granting Interim Bail on Medical Grounds

An appeal was filed before the Supreme Court, challenging the Judgment & Order of the Allahabad High Court in the matter of State of U.P...

Bombay High Court Allows Petition Seeking Lawyers and Legal Clerks To Travel in Local Trains

The present hearing arose out of a batch of Public Interest Litigations that was filed in the Bombay High Court to permit the members...

Provisions for Retirement of Teachers Must Be Read With the Larger Interest of Students in Mind: Supreme Court

Supreme Court in Navin Chandra Dhoundiyal v State of Uttarakhand reinstated the appellants to their position as Professor on basis of re-employment till the...

More Articles Like This

- Advertisement -