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After the 24 year old transgender person was refused “bakshish” on the birth of a baby girl by the family who were financially constrained, they said to the family, “I’ll do something in 5-6 days which will make you famous”
In a judgment that has reverberated across the nation, a Special Sessions Court in Mumbai has issued a death sentence to a transgender individual for the heinous rape and murder of a three-month-old infant, marking a rare application of the capital punishment for crimes under the Protection of Children from Sexual Offences Act (POCSO).
In the distressing case, a transgender named Chougule was convicted for the kidnapping, rape, and murder of an infant. This act led to Chougule's arrest and subsequent trial under the POCSO Act. The investigation revealed the crime's premeditated nature, intended to instill fear within the community.
Special Judge Aditee Kadam, presiding over the case, convicted the 24-year-old transgender, who was found guilty of abducting the baby girl from her home, committing the atrocious act of rape, and then murdering her in July 2021. The motivation behind this ghastly crime was purportedly rooted in a dispute over the non-receipt of customary gifts post the child's birth, exacerbated by the financial strains of the COVID-19 pandemic on the family.
The tragic incident culminated with the discovery of the child's body in a marshy area near a creek, a horrifying revelation that came about from information provided by the accused. In the mother's testimony, it was further highlighted that the accuseddemanded gifts and threatened upon refusal, stating that, “The accused had come to the house around 8pm asking for bakshish (gift) in the form of a 9-yard saree, coconut, and ₹1,100 on the birth of a girl child. We did not give him anything. While leaving, he threatened us that he would do something in five-six days which will make him famous.”
The court describing the act as "barbaric and inhuman,” and a “cold blooded murder”, said, “Life sentence is a rule, and death sentence is an exception, only to be awarded in the rarest of rare cases. This crime smacks of the degradation of a girl child, depravity, and perversity. The barbaric and inhuman manner in which the offence was committed has made it the ‘rarest of rare case’.”
The court further emphasised the damage such crimes inflict on society, particularly on the safety and security of children. The court, thereby, classified this case as "the rarest of rare," warranting the extreme penalty of death in a bid to serve as a deterrent against such monstrous acts.
While the defence argued for leniency based on the accused's background and psychological factors, the prosecution's narrative, underpinned by the sheer brutality of the crime and its impact on the community, ultimately prevailed, leading to this unprecedented verdict.
The court also observed, “It is a crime that would send a chill down the spine of every parent of a girl child, especially in a poor vicinity. The perversity in the mind of the accused is apparent when a budding infant/girl child is exterminated in a very ghastly and shocking manner, the social fabric gets permanently damaged beyond repair.”
The case also saw the acquittal of a co-accused, where the prosecution failed to establish complicity beyond reasonable doubt.
The ruling has been met with mixed reactions from different sections of society, reflecting the diverse opinions on capital punishment, child safety, and the rights of transgender individuals. While some have lauded the judgment as a necessary stance against child abuse, others have called for a deeper examination of the social issues leading to such crimes, including poverty, discrimination, and the marginalisation of transgender people.
Source: PTI, Hindustan Times
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