'Brutal And Horrific Crime': Bombay HC Refuses To Suspend Sentence Of Convict In Mahim Child Kidnap, Rape And Murder Case
· Free Press Journal
Mumbai, March 12: The Bombay High Court recently refused to suspend the sentence of a man convicted for abducting, raping and murdering a five-year-old girl in Mumbai in 2019, observing that the crime was “brutal and horrific”.
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Court rejects bail plea pending appeal
A bench of Justices Ajey Gadkari and Kamal Khata rejected the application filed by the convict seeking suspension of his sentence and release on bail pending the hearing of his appeal.
Child abducted from footpath in Mahim
On the intervening night of February 6 and 7, 2019, the five-year-old victim was sleeping with her parents on a footpath near Razzak Manzil on L.J. Road in Mahim (West), Mumbai. During the night, the accused allegedly abducted the child, sexually assaulted her and later murdered her.
Police were alerted after receiving information that a minor girl was lying in a lane behind a showroom in the area. Officers rushed to the spot and took the child to the police station, where she was declared dead. The victim’s father later identified the body.
CCTV footage and medical evidence examined
During the investigation, police examined CCTV footage from nearby locations. The footage showed a man carrying the minor girl on his shoulder during the same night. A prosecution witness identified the accused as the person seen in the footage. The witness also identified him in court.
Medical evidence also indicated that the child had been subjected to severe sexual assault. The cause of death was recorded as “asphyxia following strangulation with genital injuries”.
High Court calls crime ‘brutal and horrific’
After examining the evidence, the High Court said the nature of the crime weighed heavily against granting relief.
“After perusing the evidence on record, it prima facie appears to us that it was a brutal and horrific murder committed by the applicant of the minor victim,” the bench observed.
“In view of the above, we are not inclined to suspend the sentence of the applicant and release him on bail during the pendency of the appeal,” the court said while rejecting the plea.
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The accused was convicted by a Special POCSO Court on April 4, 2024, and was sentenced to life imprisonment for the remainder of his natural life for rape under the provisions of the POCSO Act and IPC. He was also sentenced to seven years’ rigorous imprisonment for kidnapping under IPC.
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