‘Rarest of Rare’: Madhya Pradesh HC Confirms Death Penalty in Brutal POCSO Case of Five-Year-Old

The Madhya Pradesh High Court has confirmed the death sentence awarded to a man convicted for the brutal sexual assault and murder of a five-year-old girl, holding that the nature of the crime, the extreme depravity involved, and the absence of mitigating circumstances placed the case squarely within the “rarest of rare” category.

A Division Bench comprising Justice Vivek Agarwal and Justice Ramkumar Choubey dismissed the criminal appeal filed by the accused and answered the statutory death reference in the affirmative, thereby upholding the capital punishment imposed by the Special POCSO Court at Bhopal.

The case arose from a missing complaint lodged on September 24, 2024, after the child failed to return home. Two days later, following an intensive search operation, police detected a foul smell emanating from a flat at Bajpai Nagar, Eidgah Hills, Bhopal. Upon forcibly entering the premises, a white plastic water tank placed in the bathroom was found to contain the decomposed body of the child. The body was identified by her parents and relatives, leading to the registration of a case under provisions of the Bharatiya Nyaya Sanhita and the Protection of Children from Sexual Offences Act.

The post-mortem conducted by a forensic team from AIIMS Bhopal revealed horrifying injuries, including extensive trauma to the pelvic region, laceration of internal organs, and evidence of violent sexual assault. The medical experts unequivocally opined that the death was homicidal and caused by ante-mortem injuries, with the manner of assault described as exceptionally brutal.

During the course of investigation, the accused was arrested and, based on his disclosure statement, several incriminating articles were recovered from the flat, including blood-stained clothing and a knife. The prosecutor for the State, Shri Nitin Gupta relied heavily on forensic evidence, including DNA analysis, which conclusively established that biological material found on the victim’s clothing and articles recovered from the scene matched the DNA profile of the accused. The Court noted that the chain of forensic evidence remained unbroken and was sufficient to establish guilt beyond reasonable doubt.

Rejecting the defence contention that the accused had been falsely implicated or that the seizure memos were unreliable, the Bench held that the testimony of the child’s parents, though interested witnesses, could not be discredited merely on that ground. The Court observed that grieving parents would have no conceivable motive to shield the real offender and falsely implicate an innocent person.

Addressing the argument relating to the mental state of the accused, the Court noted that medical evidence did not support the plea of mental incapacity or any disorder that impaired the accused’s ability to understand or control his actions. The Bench found that the accused was fully aware of the nature and consequences of his acts.

On the question of sentencing, the High Court undertook an elaborate analysis of the doctrine of “rarest of rare,” referring to settled precedents including Bachan Singh v. State of Punjab and Machhi Singh v. State of Punjab. The Court emphasized that while reformative justice remains a cornerstone of Indian penology, certain crimes by their sheer depravity leave no room for leniency. The Bench took into account the tender age of the victim, the calculated and gruesome manner of sexual assault involving the use of a knife, the attempt to conceal the body, and the criminal antecedents of the accused.

The Court rejected mitigating factors such as the accused’s socio-economic background, marital status, and family responsibilities, holding that these could not outweigh the gravity of the offence. It observed that the assault reflected a lust-driven barbarity and an utter disregard for human dignity, particularly that of a defenceless child.

Concluding that the crime represented extreme culpability, the High Court held that life imprisonment would be wholly inadequate and confirmed the death sentence awarded by the Special Court. The Bench underscored that sentencing must respond not only to the offender but also to the societal demand for justice, especially in cases that scar the moral fabric of the community.

Case Title: Atul Nihale V. The State of Madhya Pradesh and connected matter

Judgment Date: January 22, 2026

Bench: Justice Vivek Agarwal and Justice Ramkumar Choubey