Bhuvneshwar: In a significant judgment, the Odisha High Court has commuted the death sentence of a convict in a high-profile rape and murder case to life imprisonment. The decision was given by Justice S.K. Sahu and Justice R.K. Patnaik in S.K. Asif Ali alias Mohammad Asif Iqbal vs. State of Odisha. The court also took note of the convict’s conduct in prison, highlighting that “he offers prayers several times a day and he is ready to accept the punishment because he has surrendered himself to Allah.”
6 year old girl raped and killed
The case centers on the brutal rape and murder of a 6-year-old girl in the Jagatsinghpur area on August 21, 2014. The prosecution claimed that the victim, while on her way home after buying chocolates with her cousin, was kidnapped by S.K. Asif Ali and S.K. Akil Ali. Her body was later found naked and covered with numerous wounds. In November 2022, a trial court found both suspects guilty and sentenced them to death.
One Accused acquitted
The High Court acquitted S.K. Akil Ali of all charges due to insufficient evidence. However, it upheld S.K. Asif Ali’s conviction under sections 302 (murder) and 376A (rape resulting in death) of the IPC and section 6 of the POCSO Act, while quashing his conviction under IPC 376D (gang rape). Despite maintaining his guilt, the court commuted his capital punishment to life imprisonment without the possibility of remission.
Judicial Remarks
On the matter of circumstantial evidence, the court stated, “The chain of evidence is so complete that it leaves no reasonable basis for a conclusion consistent with the innocence of the appellant; rather, when the circumstances are considered collectively, they lead only to this inescapable conclusion that the appellant is the culprit of the crime in question.”
Regarding the death penalty, Justice S.K. Sahu remarked, “Considering the entire facts and circumstances, the aggravating circumstances and the mitigating circumstances, it cannot be said that death penalty is the only option for the appellant and the option of life imprisonment would not suffice and is completely disproportionate.”
The appellant was represented by S.K. Zafarullah, while the State was represented by Shri Bibhu Prasad Tripathi, Additional Government Pleader.
Compensation Increased
The High Court also increased the compensation awarded to the victim’s family from Rs. 1.5 lakh to Rs. 10 lakhs, recognizing the gravity of the loss. This decision demonstrates the court’s sophisticated approach to the death penalty, which weighs the mitigating circumstances, the convict’s behavior in prison, and the seriousness of the offense.
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Mahi Saha
Mahi Saha, from Ranchi, reports for Neo Politico.
