NEW DELHI: SC on Tuesday termed the kidnapping, brutal sodomising and murder of a four-year-old child by a 24-year-old man as “diabolic”, but commuted his death sentence to 25 years’ imprisonment considering his poor background, good conduct in jail, ties with sexagenarian mother who looks after his minor daughter and hoping he is reformable.
A temple priest’s child in Piludara village in Bharuch district of Gujarat was lured with the offer of an ice-cream on April 13, 2016, by Sambhubhai R Padhiyar, who savagely sodomised the child and then strangled him to death. The trial court convicted him for kidnapping under Section 364 of IPC, sodomy under Section 377 of IPC, murder and various sections of Pocso Act and sentenced him to capital punishment. Gujarat HC confirmed the conviction and sentence.
On appeal, the a bench of Justices B R Gavai, Arvind Kumar and K V Viswanathan examined various incriminating evidence and said, “Without doubt, the crime committed by Padhiyar was diabolic in character. He enticed the innocent child by tempting him with ice-cream and brutally sodomised and murdered the four-year old. He also mercilessly strangulated the child. The postmortem report clearly indicated that death was due to asphyxia by throttling.”
Justice Viswanathan then listed the mitigating circumstances – Padhiyar hails from a low socio-economic household; diagnosed with moderate intensity psychotic features and intellectual disability; he had in his early childhood contacted tuberculosis meningitis; maintains family ties with his 64-year-old mother who takes care of his 10 year old daughter; wife has deserted him; his behaviour in jail completely normal and showed good conduct; and feels remorse.
Applying principles of what should be just sentence, the bench said, “We hold that a sentence of imprisonment for a period of 25 years without remission would be ‘a just dessert’.”
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