Life Imprisonment Without Parole For 25 Years Is More Appropriate Than Death Penalty: Madhya Pradesh High Court Commutes Death Sentence In Brutal Gang Rape Case

On October 16, 2024, the Madhya Pradesh High Court, in a significant ruling, commuted the death sentence of Ram Prasad Ahirwar to life imprisonment without parole for 25 years while acquitting his co-accused, Banshilal Ahirwar, for lack of conclusive evidence in the gang rape and murder case of a minor girl. The case—Ram Prasad Ahirwar and Another v. The State of Madhya Pradesh (Criminal Appeal No. 885 of 2021, Criminal Reference No. 01 of 2021)—dealt with a horrific crime involving the abduction, rape, and murder of the victim, who was a relative of the accused.

The appellants, Ram Prasad Ahirwar (the victim's brother) and Banshilal Ahirwar (her uncle), were convicted by the Trial Court for the gang rape and murder of a minor girl, with the Court awarding them the death penalty. The victim had gone missing after leaving for school and was later found dead with her head severed from her body. The prosecution's case relied heavily on DNA evidence linking Ram Prasad to the crime, while Banshilal was implicated primarily based on circumstantial evidence.

On appeal, the High Court was tasked with reviewing both the conviction and the death sentence imposed by the Trial Court, alongside the reference for confirmation of the death penalty under Section 366 of the Code of Criminal Procedure.

Whether the death penalty imposed on Ram Prasad Ahirwar was appropriate given the facts and circumstances.
Whether Banshilal Ahirwar’s conviction could be sustained based on the available evidence.
Whether the prosecution conclusively established that the victim was under 12 years old at the time of the crime, a factor that enhances the gravity of the charges.

The Court thoroughly examined the facts, testimonies, and forensic evidence presented in the case, focusing particularly on the role of DNA evidence and the age of the victim.

A key issue was the victim’s age. The prosecution asserted that she was under 12 years old, a fact that would aggravate the charges against the accused. However, inconsistencies in witness testimonies, including conflicting statements from the victim's parents and school records based on oral information, led the Court to doubt whether the victim’s age had been conclusively proven.

The victim's father (PW.1) and mother (PW.2) provided differing accounts regarding her age, with no documentary evidence to firmly establish her date of birth.
The school records relied on oral declarations from the parents and were not corroborated by independent evidence, leading the Court to conclude that the prosecution had failed to prove that the victim was under 12 years of age at the time of the crime.

DNA evidence played a decisive role in convicting Ram Prasad Ahirwar. The forensic report confirmed that the DNA recovered from the victim’s vaginal slides and clothing matched Ram Prasad’s blood sample, thereby establishing his involvement in the rape and murder. The same DNA evidence did not match Banshilal Ahirwar, resulting in his acquittal.

The Court noted that the prosecution’s case against Banshilal hinged largely on circumstantial evidence, particularly the presence of bloodstains on his shirt. However, the Court accepted Banshilal's defense that he had handled the victim's body during its recovery, which reasonably explained the presence of bloodstains.
The forensic evidence against Banshilal was insufficient to link him to the rape, and his conviction was overturned.

For Ram Prasad Ahirwar, while his involvement in the crime was undeniable, the Court grappled with whether the death penalty was the appropriate punishment. The Court considered several mitigating factors, including:

Ram Prasad’s young age at the time of the crime.
His socio-economic background, being from a marginalized community.
His remorse, as evidenced by his acceptance of guilt during the trial.

Weighing these factors against the brutality of the crime, the Court held that life imprisonment without remission or parole for 25 years was a more fitting sentence, in line with the principles laid down by the Supreme Court in Bachan Singh v. State of Punjab and Machhi Singh v. State of Punjab.

The High Court affirmed Ram Prasad Ahirwar’s conviction for the gang rape and murder of his sister but commuted his death sentence to life imprisonment without parole for 25 years. Banshilal Ahirwar was acquitted of all charges and ordered to be released forthwith.

Ram Prasad Ahirwar: Conviction under Sections 363, 366, 376(DB), 302, and 201 of the Indian Penal Code upheld. The death penalty was commuted to life imprisonment without remission or parole for 25 years.
Banshilal Ahirwar: Acquitted of all charges and ordered to be released.

Date of Decision: October 16, 2024