Abolish Death Penalty India: Jharkhand - Man sentenced to death for rape and murder of minor

Saturday, January 11, 2025

Jharkhand - Man sentenced to death for rape and murder of minor

Lohardaga, Jan. 11, 2025

In a major action taken by the District Civil Court on Friday in the district, the court of Judge First cum Special Judge POCSO Act Akhilesh Kumar Tiwari has sentenced a young man to death along with life imprisonment and fine in the case of murder after raping a girl. Has also been imposed. The matter is on 24 December 2022.

Where in Areya village of Bagdu police station area of the district, a 5-year-old minor girl was raped and murdered by the accused Indra Oraon of the same village, against whom the girl's mother Soni Oraon, aged about 30 years, husband Anil Oraon, village Areya. By giving a written application to Police Station Bagdu, District Lohardaga, an FIR was lodged in Bagdu Police Station regarding rape of a minor girl. A case was registered regarding this matter under Bagdu police station case number 33/2022, dated 24.12.2022, section 302/376 (2) (F) IPC and 06 POCSO Act.

Thereafter, after completing the investigation, Bagdu police station charge sheet number- 07/2023, dated 22.02.2023 was submitted against the accused under Section 302/376 (2) (F) IPC and 06 POCSO Act. After which Section 302 IPC and POCSO 06 /42 The accused was hanged after being found guilty under the POCSO Act.

Source: https://www.msn.com/en-in/crime/general/man-sentenced-to-death-for-rape-and-murder-of-minor/ar-BB1rgUsi

Summary AI

📍 Case Overview

Place: Areya village, Bagdu Police Station area, Lohardaga district, Jharkhand
Date of Incident: 24 December 2022
Court: District Civil Court, Lohardaga
Presiding Judge: Akhilesh Kumar Tiwari, Judge First-cum-Special Judge (POCSO Act)
Judgment Date: 11 January (Friday)

👤 Parties Involved

Accused: Indra Oraon, resident of Areya village
Victim: 5-year-old minor girl
Complainant: Victim’s mother Soni Oraon (about 30 years old), wife of Anil Oraon

📝 FIR & Investigation

FIR was lodged by the victim’s mother at Bagdu Police Station
Police Case No.: 33/2022
Date: 24.12.2022

Sections Invoked

IPC:
- Section 302 – Murder
- Section 376(2)(f) – Rape of a minor
POCSO Act:
- Section 6 (Aggravated penetrative sexual assault)
- Read with Section 42
After investigation, Charge Sheet No. 07/2023, dated 22.02.2023, was submitted against the accused.

⚖️ Trial & Conviction

The court found the accused guilty beyond reasonable doubt under:
- Section 302 IPC
- Section 376(2)(f) IPC
- Section 6/42 of the POCSO Act
Evidence considered included:
- Medical and forensic evidence
- Witness testimonies
- Circumstantial evidence establishing the accused’s involvement

🔨 Sentence Awarded

The court imposed multiple punishments, considering the gravity of the crime:

Death penalty for the offence under Section 302 IPC
Life imprisonment under POCSO Act (Section 6/42)
Fine imposed (amount as directed by the court)
Default sentence prescribed in case of non-payment of fine

(As per law, the death sentence will be subject to confirmation by the Jharkhand High Court.)

⚖️ Court’s Observations

The judge described the crime as extremely heinous, brutal, and shocking to the collective conscience of society
The victim was a helpless 5-year-old child
The court held that the offence fell within the “rarest of rare” category, warranting the maximum punishment
Emphasized that crimes against children demand strict deterrence

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The Death Penalty Scenario in India

India is one of 193 countries that retains the death penalty. Some judges have delivered landmark verdicts upholding the rights of death row prisoners, while debates continue advocating abolition or reform of sentencing policies. The Indian government remains committed to retention, asserting executions occur only in “rarest of rare” cases. The death penalty applies to crimes including murder, kidnapping, terrorism, desertion, inducement to suicide of a minor or mentally-retarded person, and in certain cases of rape. Outrage over child rape and murder has intensified these discussions. After an unofficial eight-year moratorium, the government executed Ajmal Kasab (Mumbai attacks) in 2012 and Afzal Guru (Parliament attack) in 2013, both covertly and immediately after mercy petitions were rejected. Prior to this, Dhananjoy Chatterjee was executed in 2004 after 13 years on death row. Following these, many mercy petitions have been rejected, creating fear among death row convicts. Courts continue to hand down death sentences at an increasing rate. Empirical studies highlight the plight of death row prisoners. The India Exclusion Report 2017-18 found fair trial rights largely denied, with convicts often marginalized by caste, religion, poverty, and education. The Death Penalty Research Project (2015) documented socio-economic profiles and experiences of death row prisoners. Dr. Reena Mary George’s studies (2014, 2009) emphasized poverty, social exclusion, and dignity as central to death row experiences, and examined the human rights impact of the penalty. According to the National Crime Records Bureau 2015, 101 prisoners were on death row, with many sentences commuted to life. The “rarest of rare” doctrine introduced by the Supreme Court in the 1980s has not substantially limited death sentences, which have increased over the decades. Justice Joseph (2018) reaffirmed the Bachan Singh judgment but urged restriction of the death penalty to only those cases meeting its criteria. While updating the blog and conducting my own empirical studies, I observed the heinous nature of the crimes that were committed and thought about the families, about their loss, about the victims who for no fault of their own died. If I lost my relative or a dear friend, would I still oppose death penalty and would I still advocate to abolish the death sentence? Having worked in the criminal justice system and also having the seen the other side, where often it is the marginalized, vulnerable and oppressed who are on death row makes me want to advocate for abolition of this punishment. Victims should definitely get justice for their loss, for their pain. No one should escape the rule of law. As long as humanity exists; crime will exist. Should we not re-consider our sentencing policies? Reena Mary George