The Madurai Bench of the Madras High Court has commuted the death sentence awarded by a trial court in Tirunelveli district to a man convicted of sexually assaulting his minor daughter repeatedly. He has, instead, been awarded life imprisonment.

The court was hearing the referred trial and the appeal filed by the man against the judgment of the Special Court for exclusive trial of cases under POCSO Act, Tirunelveli. The case of the prosecution was that the appellant exploited the girl over a period of time. She became pregnant and delivered a premature male child. The child died due to complications arising out of perinatal asphyxia.

A Division Bench of Justices G. K. Ilanthiraiyan and R. Poornima said it was true that the aggravating circumstances arose in the present case since sexual assault was committed by the father of the girl, failing in the most basic duty of care and trust. In fact, the accused repeatedly committed the offence.

The court said the accused also threatened the girl that if she disclosed the incident to anybody, he would do away with her life. It would have caused physiological terror to the physical violation. It revealed extreme moral degradation, total disregard for the safety and dignity of the child.

But to award capital punishment, the Supreme Court has laid down various guiding factors, and the same have to be meticulously followed, the court said.

Guided by the principles, the court must assess whether the accused is liable to be punished with the death penalty. The present case, however, is not one of the ‘rarest of rare’ cases where the court would find that life imprisonment is entirely inadequate, even if the accused is held guilty of the offences charged, the court said.

Every punishment imposed affects not only the accused but also society as a whole, the court said and held that it found that the imposition of the death sentence should be modified to a sentence of life imprisonment. The court directed the State to bear the educational expenses of the girl, and her studies should continue without any interference.