Pune POCSO Court Awards Death Penalty To Bhimrao Kamble In 3-Year-Old Girl's Rape-Murder Case

Special Judge S.R. Salunkhe ordered that Kamble be "hanged till death," days after convicting him for kidnapping, aggravated penetrative sexual assault, and the murder of the child. The sentencing followed arguments on the quantum of punishment, during which the prosecution urged the court to impose the maximum penalty prescribed under law.

The prosecution had argued that the crime displayed exceptional brutality, involved a helpless child, and left no scope for leniency. Relying on 12 Supreme Court judgments governing the "rarest of rare" doctrine, Special Public Prosecutor Ajay Misar contended that the case satisfied the constitutional threshold for the death penalty.

Accepting the prosecution's submissions, the court held that the offence reflected "total depravity" and was committed in a cold-blooded and inhuman manner solely to satisfy the accused's lust. "The offence was committed outrageously and involved inhuman treatment and torture of the victim. The victim was an innocent, helpless child. The murder was committed to satisfy lust, which evidences total depravity. It was a cold-blooded murder without provocation. The crime was committed so brutally that it shocks not only the judicial conscience but even the conscience of society," the court observed.

Rejecting any plea for mercy, the judge further remarked: "The thirst for lust of the accused is not extinguished even at such an age. Rather, it has reached a very dangerous stage. The injuries noted on the body of the victim reflect the inhuman behaviour of the accused with a child of just three years."

The court also noted the absence of remorse and observed that Kamble appeared to believe he could escape legal consequences. "Whatever the accused wanted to do with the child, he did fearlessly, most violently and without bothering about consequences, because he had prior experience that even if prosecuted, nothing would happen in court." The court had earlier observed that the accused showed no signs of repentance or possibility of reformation, making capital punishment the only appropriate sentence.

What happened in Nasrapur on May 1?

The incident occurred on May 1 in Nasrapur village of Pune district, where the three-and-a-half-year-old girl was visiting her grandmother during the summer vacation. According to the prosecution, Kamble lured the child by promising her snacks and showing her a newborn calf before taking her to a shed near a cattle barn. There, he sexually assaulted her and murdered her by gagging her and inflicting severe injuries. The child succumbed during the assault.

The victim's disappearance prompted a frantic search by her family, during which her body was recovered. CCTV footage capturing Kamble taking the child with him proved crucial in identifying and arresting the accused.

The prosecution informed the court that the post-mortem examination recorded 18 injuries on the child's body, highlighting the prolonged and violent nature of the assault.

Strong Forensic and Circumstantial Evidence

Convicting Kamble last week, the Special POCSO Court had held that the prosecution established an "unbroken chain of circumstantial and forensic evidence" proving his guilt beyond reasonable doubt. The court accepted CCTV footage, DNA evidence, medical reports, forensic findings, potency test results and mental fitness assessment as duly proved.

Within just 15 days of the incident, Pune Rural Police completed the investigation and filed a comprehensive chargesheet running over 1,200 pages. During the fast-tracked trial, the prosecution examined 55 witnesses, including forensic experts, investigating officers, family members and child witnesses who identified the accused during a test identification parade.

While pressing for the death penalty, the prosecution also highlighted Kamble's alleged criminal antecedents, stating that he had previously been involved in offences concerning a 62-year-old woman, a 17-year-old girl and even an animal.

Pune Superintendent of Police Sandeep Singh Gill attributed the outcome to the coordinated efforts of the investigating team and prosecution."I must put on record the striving efforts of police to collect the material, continuously engaging in the investigation day and night, with nice coordination among them. They really deserve appreciation for their efficient investigation of this crime. The witnesses relating to the incident deserve appreciation for their valuable inputs, which set the road map for the investigation and they were standing in line to depose before the Court keeping patience for their turn to come. This is an example of social responsibility towards law enforcing agencies. Every person contributed, regardless of his personal interest, in detecting crime and collecting evidence deserves appreciation," the court observed. 

While observing that there are absolutely no mitigating circumstances, the court said, "The only circumstance which could be posed as the mitigating circumstance is the age of the accused as he is 65 years of age. According to me, this cannot be taken as mitigating circumstance, rather it would be the aggravating circumstance. The thirst for lust of the accused is not extinguished even at such age. Rather, it has reached to very dangerous stage. The injuries noted in P.M. report of the victim would reflect inhuman behaviour of the accused with a child of just 3 years of age. Whatever the accused wanted to do with that child, he did fearlessly, most barbarically and without bothering its consequences. This is probably because, he had past experience that even if he is prosecuted, nothing will happen in Court."