Rape-Murder Of Minor Not "Rarest of Rare", Says MP High Court While Commuting Death Sentence

The Madhya Pradesh High Court's Gwalior Bench has upheld the conviction of a man for the rape and murder of a seven-year-old girl, while commuting his death sentence to life imprisonment for the remainder of his natural life, holding that the case did not fall within the "rarest of rare" category.

A division bench of Justice G.S. Ahluwalia and Justice Anuradha Shukla was hearing a criminal reference for confirmation of the death sentence along with the convict's appeal against the judgment of the Special Judge (POCSO Act), Dabra, District Gwalior, which convicted Sheru Jatav under Sections 364, 366, 376A, 376AB and 302 IPC and Section 5(m)/6 of the POCSO Act.

Before examining the merits, the court dismissed an application seeking a de novo trial on the ground that the legal aid counsel who represented the appellant was inexperienced and had failed to cross-examine witnesses properly. Counsel for the appellant, Shri Rajeev Upadhyay, relied on the Supreme Court's ruling in Aman Singh v. State of Bihar, which held that Legal Services Committees must assign a dedicated team including a senior counsel. The bench, however, noted that the trial counsel had 17 years' standing at the bar and no affidavit had been filed to substantiate incompetence. "Further, the evidence was recorded in presence of appellant. He also never took any objection with regard to competence of the counsel," the court observed, dismissing the application.

According to the prosecution, the victim went missing on the night of February 6, 2023, after going to watch a marriage procession in her village. A witness, Kalu @ Hakim Shakya, told the court he had seen her walking with the appellant that night and was told the child was being taken home. When she failed to return, the appellant claimed he had handed her over to his Sadu, one Kalu Jatav of Pichhore. Investigation revealed this person did not exist, and the appellant repeatedly misled search parties across several villages before confessing that night that he had raped and murdered the child, concealing her body under dry grass in a field.

The court held that the "last seen together" circumstance stood firmly established, noting the close proximity between the sighting and the recovery of the body. "Under these circumstances, in the light of Section 106 of Evidence Act, the burden would shift to the appellant, to explain the circumstances which were in his knowledge, but the appellant has failed to discharge the said burden," the bench held. It also rejected the argument that recovery from an open field could not be relied upon, observing the field was away from the main road and surrounded by standing crop, making it "not easily noticeable and accessible by the general public."

The bench further relied on the DNA report, which matched the appellant's profile with samples from the victim's clothing, nail clippings, vaginal swabs and hair, alongside scratch injuries found on his body at arrest. "The forensic/scientific evidence as well as injuries found on the body of accused/appellant Sheru Jatav, also proves that the appellant Sheru Jatav was the author of the offence," the court held, affirming the conviction.

On sentencing, Shri Deependra Singh Kushwah, Additional Advocate General for the State, argued that the appellant showed no remorse and had a prior criminal record, warranting the death penalty. The court, however, weighed mitigating factors placed on record, including the appellant's age of 27 years, his impoverished background, illiteracy, and reportedly reformative conduct in jail with no adverse remarks from authorities. "It is true that the offence committed by appellant is brutal and shocking to the conscience of Civil Society, but that by itself cannot be a ground to award capital sentence," the bench observed.

Accordingly, the death sentence awarded under Section 376A IPC was set aside and replaced with life imprisonment for the remainder of the appellant's natural life, while the rest of the conviction and sentence were left undisturbed.

Case Title: In the Reference of State of MP vs. Sheru Jatav with connected matter

Date of Judgment: July 24, 2026

Bench: Justice G.S. Ahluwalia and Justice Anuradha Shukla