HC commutes convict’s death sentence to life imprisonment

Cuttack: The Orissa high court on Monday commuted the capital punishment awarded to a 31-year-old rape-cum-murder convict to life imprisonment after acquitting him of rape charges while confirming his conviction for murder.A two-judge bench of Justice S K Sahoo and Justice R K Pattanaik said, “We are not inclined to impose death sentence for the offence under Section 302 of IPC particularly when we have acquitted Mohammed Mustak of the charges under Section 376-AB of IPC so also Section 6 of Protection of Children from Sexual Offences (POCSO) Act (Sexual Assault).”The bench commuted the death sentence imposed on Mustak with a rider that he shall undergo a minimum sentence of 20 years to be eligible for moving an application for remission to be considered on merit only and if no remission is granted the sentence of imprisonment for life shall mean till the remainder of his life. A special POCSO court in Cuttack had sentenced Mustak to death on September 19, 2019 after finding him guilty of rape and murder of a six-year-old girl at a village under Salepur police station limits in Cuttack district. While the state govt moved the high court for confirmation of the death sentence Mustak had also filed a criminal appeal against the trial court verdict.The bench said during the course of argument, the court enquired specifically from the state counsel as to whether there is any criminal antecedent against the appellant and whether there is anything adverse against his conduct during detention in jail custody, to which he answered in negative. The bench also said it is not disputed that the appellant is a married person and having children. No material was produced before it by the state counsel that there is no possibility of reformation and rehabilitation. “Every saint has a past and every sinner has a future - strikes a note of reformatory potential even in the ghastliest crime. Human endeavour should be to hate the sin and not the sinner. There is still life in life sentence and only death in death sentence,” the bench further observed. According to case records, the six-year-old victim girl was found in a critical condition with deep injuries on her head, face and neck and groin areas in a village under Salepur police station limits on the evening of April 21, 2018.Mustak, who belonged to the same village, was arrested the day after the incident. The girl died while undergoing treatment at SCB Medical College and Hospital here on April 29, 2018. Mustak was booked for murder after the girl died.