HC commutes death penalty of man who raped his minor daughter

Madurai: The death sentence imposed on a man, who had repeatedly raped and impregnated his own daughter, has been commuted to ‘life imprisonment till the remainder of his natural life' by Madras high court on Monday."Life imprisonment till remainder of natural life is a more enduring and severe form of punishment than death sentence," observed division bench of justice N Anand Venkatesh and justice K K Ramakrishnan.Holding that the conviction recorded by the trial court does not warrant interference, the bench said: "The death penalty is final, immediate, and irreversible. It extinguishes not only life but also the possibility of repentance, remorse, or moral transformation. It brings certainty, but at the cost of foreclosing any future reckoning. By contrast, life imprisonment till the end of natural life is a different jurisprudential instrument. It is a living punishment and sterner justice and a continuing process of accountability."Wondering whether the convict deserved search sentence, the judges said: "Therefore, this court is persuaded to observe that this living punishment of life imprisonment till natural death to consider an alternative sentencing philosophy rooted in what may be described as the ‘enduring retributive effect' of punishment as such a sentence is not a lenient alternative, but rather a more enduring and severe form of punishment with following intensity of suffering.""It is true that the statutory framework under the Protection of Children from Sexual Offences Act, 2012, as amended in 2019, permits imposition of the death penalty in appropriate cases of aggravated penetrative sexual assault. However, such statutory permissibility is subject to the constitutional limitations and judicially evolved principles governing capital sentencing."The judges observed that the statutory scheme itself reflects a graded sentencing structure beginning with a minimum sentence of 20 years, extending to imprisonment for the remainder of the natural life of the offender, and the rarest cases, culminating in the death penalty."This hierarchy unmistakably positions capital punishment as a measure of last resort. Therefore, the imposition of the death penalty cannot be mechanical or routine. It must be reserved for the gravest and most exceptional cases where the alternative punishments are unquestionably inadequate," said the judges.According to the prosecution, the man repeatedly sexually assaulted his minor daughter. The incident came to light when the mother of the victim girl found out that her daughter was pregnant when she took her to a govt hospital for checkup in 2025.Following due medical procedures and legal formalities, the victim underwent medical termination of pregnancy.In Dec 2025, the special court for exclusive trial of cases under POCSO Act in Tirunelveli, convicted and imposed the death sentence on the man. Since the death sentence was imposed by the trial court, the case was referred to Madurai bench of Madras high court for confirming the trial court's sentence. The man (appellant) also filed an appeal challenging the order passed by the trial court.Holding that the trial court judge had been influenced by emotion, sentiment and the horror of the offence, the bench set aside the death sentence."The appellant is sentenced to imprisonment for life, which shall mean imprisonment for the remainder of his natural life. The appellant shall not be entitled to premature release, remission, or commutation," the judges directed.