Unknown vs Palesaikki on 24 February, 2026

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    Madras High Court

    Unknown vs Palesaikki on 24 February, 2026

    Author: G.K.Ilanthiraiyan

    Bench: G.K.Ilanthiraiyan

                                                                                                 R.T(MD)No.1 of 2026
                                                                                            & Crl.A(MD)No.278 of 2026
    
                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
    
                                                    DATED: 24.02.2026
    
                                                            CORAM:
    
                           THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
                                              AND
                              THE HONOURABLE MS.JUSTICE R.POORNIMA
    
                                      R.T(MD)No.1 of 2026 & Crl.A(MD)No.278 of 2026
    
                         1.R.T(MD)No.1 of 2026:
    
                         State of Tamil Nadu,
                         Represented by the Inspector of Police,
                         AWPS Nanguneri,
                         Tirunelveli District.
                         Crime No.9 of 2025                   ... Petitioner/Complainant
                                                         Vs.
    
                         Palesaikki                                       ... Respondent/Accused
    
                         PRAYER:- Referred Trial is filed under Section 366 of Cr.P.C on the
                         judgment and order 17.12.2025 passed in Special C.C.No.208 of
                         2025 on the file of the learned Sessions Judge, Special Court for
                         POCSO Act Cases, Tirunelveli.
    
    
    
    
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                                                                                                 R.T(MD)No.1 of 2026
                                                                                            & Crl.A(MD)No.278 of 2026
    
    
    
    
                                      For Appellant        : Mr.Hassan Mohammed Jinnah
                                                             State Public Prosecutor
                                                             Assisted by
                                                             Mr.R.M.Anbunidhi
                                                             Additional Public Prosecutor
    
                                      For Respondent       : Mr.A.Purantharadhasar
                                                             Legal Aid Counsel
    
                         2.Crl.A(MD)No.278 of 2026:
    
                         Palesaikki                                       ... Appellant/Sole Accused
                                                                  Vs.
    
                         State represented by,
                         The Inspector of Police,
                         All Women Police Station-Nanguneri,
                         Tirunelveli District.
                         (Crime No.9 of 2025)              ... Respondent/Complainant
    
                         PRAYER:- Criminal Appeal is filed under Section 374(2) of Cr.P.C
                         to call for the entire records pertaining to the judgment delivered by
                         the Special Court for Exclusive Trial of Cases under POCSO Act,
                         Tirunelveli District in Special C.C.No.208 of 2025 through
                         Judgment dated 17.12.2025 and set aside the same and consequently
                         acquit the appellant honorably.
    
    
    
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                                                                                                 R.T(MD)No.1 of 2026
                                                                                            & Crl.A(MD)No.278 of 2026
    
                                      For Appellant        : Mr.A.Purantharadhasar
                                                             Legal Aid Counsel
    
                                      For Respondent       : Mr.Hassan Mohammed Jinnah
                                                             State Public Prosecutor
                                                             Assisted by
                                                             Mr.R.M.Anbunidhi
                                                             Additional Public Prosecutor
    
                                                COMMON JUDGMENT
    
    

    (Judgment of the Court was delivered by
    G.K.ILANTHIRAIYAN, J.)

    R.T.No.1 of 2026 is a reference made by the Special Court

    SPONSORED

    for Exclusive Trial of Cases under POCSO Act, Tirunelvelli, under

    Section 366 of Cr.P.C., for confirmation of the death sentence

    awarded to the accused in Spl.C.C.No.208 of 2025, by Judgment

    dated 17.12.2025.

    2.Crl.A(MD)No.278 of 2026 has been preferred as against

    the Judgment passed in Spl.C.C.No.208 of 2025, dated 17.12.2025

    on the file of the Special Court for Exclusive Trial of Cases under

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    POCSO Act, Tirunelveli, thereby convicting the accused for the

    offences punishable under Sections 5(n), 5(j) (ii) read with Section 6

    of the Protection of Children from Sexual Offences Act, 2012 (in

    short hereinafter referred to as ‘the POCSO Act‘) and Section 351(2)

    of BNS.

    3.The case of the prosecution is that the minor victim girl,

    aged about 13 years, was residing with her parents. The accused is

    her father, and her mother has been examined as P.W.2. Her younger

    brother has been examined as P.W.3. All of them were living in a

    single-room house. Her parents were working as daily wage

    labourers. While being so, in the month of August 2024 around

    01.00 a.m., the accused in a drunken mood committed penetrative

    sexual assault on the victim girl while other family members were

    sleeping. When the victim girl raised an alarm, the accused

    threatened her with dire consequences. Her mother also woke up,

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    and she was given the false impression that the accused was

    adjusting the TV plug.

    4.Once again in the same month of August, 2024, when the

    mother and brother of the victim were not available in the house, the

    accused had committed penetrative sexual assault on the victim. He

    also threatened her with dire consequences if she disclosed the

    occurrence to anyone. Thereafter, the victim became pregnant. On

    account of the cessation of her menstrual cycle, her mother subjected

    her to a medical examination. During the medical examination, the

    victim was found to be approximately 26 weeks pregnant. When the

    victim’s mother questioned her about the pregnancy, the victim

    disclosed the sexual assault committed by the accused.

    5.Immediately, a complaint was lodged before the

    respondent police, and an F.I.R. was registered in Crime No.9 of

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    2025 for the offences punishable under Sections 7, 8, 3, 4, 5(j)(ii), 6

    and 5(n) of the POCSO Act and Section 351(2) of the BNS.

    6.Subsequently, the victim delivered a premature male

    child on 17.02.2025, and the child died due to complications arising

    out of perinatal asphyxia on 18.02.2025. After completion of the

    investigation, the respondent filed a final report, which was taken

    cognizance of by the Trial Court, and charges were framed against

    the accused for the offences punishable under Sections 3 read with 4,

    7 read with 8, 5(n), and 5(j)(ii) read with 6 of the POCSO Act and

    Section 351(2) of the BNS.

    7.In order to bring the charges to home, the prosecution

    examined P.W.1 to P.W.23 and marked Exs.P1 to P38. The Court

    examined Ex.C.1 and Ex.C.2. On the side of the accused, no

    witnesses were examined and no documents were produced before

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    the Trial Court.

    8.On perusal of the oral and documentary evidence, the

    trial Court convicted the accused for the offences punishable under

    Sections 5(n), 5(j) (ii) read with Section 6 of POCSO Act and

    Section 351(2) of BNS and sentenced him to death and that he shall

    be hanged by the neck, till he is dead and to pay a fine of Rs.

    20,000/- in default to undergo three years Rigorous Imprisonment

    for the offence punishable under Section 5(n), 5(j) (ii) read with

    Section 6 of POCSO Act and to pay a fine of Rs.5,000/- in default to

    undergo six months Rigorous Imprisonment for the offence

    punishable under Section 351(2) of BNS. Aggrieved by the same,

    the appellant has filed the present Criminal Appeal.

    9.This Court ordered notice in the referred trial to the

    accused. On receipt of the same, he appeared through video

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    conferencing and expressed his inability to engage counsel and

    requested that a legal aid counsel be appointed.

    10.Considering the above submission, this Court appointed

    Mr.A.Purantharadhasar, Advocate, as legal aid counsel for the

    accused.

    11.On instructions, the learned counsel appearing for the

    accused also preferred an appeal in Crl.A.(MD) No.278 of 2026 as

    against the judgment dated 17.12.2025 passed in Spl.C.C.No.208 of

    2025 on the file of the Special Court for Exclusive Trial of Cases

    under the POCSO Act, Tirunelveli.

    12.The learned counsel appearing for the appellant/accused

    submitted that the evidence of P.W.1 to P.W.3 contains several

    infirmities and contradictions and does not corroborate the

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    prosecution case. It was further submitted that the medical evidence

    relating to the DNA test cannot be given due weight for the reason

    that the procedures contemplated for conducting the DNA test

    through swabs were not strictly adhered to. Therefore, the DNA

    report cannot be relied upon by the prosecution.

    13.The prosecution has also failed to prove the age of the

    victim. In order to establish the age of the victim girl, the

    prosecution relied upon Ex.P.6 – the bonafide certificate issued by

    the school and examined P.W.10, the Headmistress. The same is

    contrary to the provisions of Section 94 of the Juvenile Justice (Care

    and Protection of Children) Act, 2015 (hereinafter referred to as “the

    JJ Act”), since, as per sub-section (1) of Section 94 of the JJ Act, a

    bonafide certificate does not fall within the ambit of a certificate

    issued by the school. Therefore, the Trial Court ought not to have

    convicted the accused.

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    14.The evidence of P.W.2 reveals that, initially, P.W.1 was

    taken to the Munanjipatti Primary Health Centre and thereafter to a

    private clinic. P.W.1 was suffering from a low hemoglobin level and

    an ulcer. However, the Investigating Officer did not examine any

    witnesses in this regard. Further, the Trial Court failed to follow the

    guidelines laid down by the Hon’ble Supreme Court of India

    regarding the circumstances under which the death penalty may be

    awarded.

    15.Per contra, the learned Additional Public Prosecutor

    appearing for the respondent submitted that the victim was examined

    as P.W.1 and had categorically deposed about the sexual assault

    committed by the accused, which is clearly corroborated by the

    medical evidence. Further, there is no motive for the victim child to

    falsely implicate her own father as the accused. It is not the case of

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    the defence that there was any misunderstanding between the

    accused and his wife, on account of which a false complaint was

    foisted against him.

    16.It is also not a case of a love affair where proof of age,

    as contemplated under the JJ Act, assumes significance. The birth

    certificate was produced and the bonafide certificate was also

    marked through the Headmistress of the school where the victim was

    studying. Even according to the accused, the victim girl was a minor

    at the time of occurrence.

    17.The doctor who examined the victim was examined as

    P.W.14. She deposed in a manner that corroborated the evidence of

    P.W.1. The victim was found to be pregnant, and her hymen was not

    intact. After recording the victim’s statement, the doctor made

    entries in the Accident Register, which was marked as Ex.P.10, and

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    the medical report was marked as Ex.P.11. Further, a DNA test was

    conducted, and the DNA test report was marked as Ex.P.24, which

    establishes that the accused is the biological father of the child.

    Therefore, the prosecution has categorically proved the charges

    against the accused.

    18.The learned Additional Public Prosecutor further

    submitted that, insofar as the death sentence is concerned, the Trial

    Court followed the guidelines issued by the Hon’ble Supreme Court

    of India and rightly sentenced the accused to death. The Trial Court

    considered the aggravating circumstances of the crime as well as the

    mitigating circumstances of the accused before imposing the death

    sentence. In support of his contention, he also relied upon the

    judgments of the Hon’ble Supreme Court of India.

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    19.Heard the learned counsel appearing on either side and

    perused the materials placed before this Court.

    20.In the light of the submissions made by the learned

    counsels, the following points arise for consideration:

    “(i) Whether the prosecution has proved the charges

    against the accused beyond reasonable doubt.

    (ii) If so, whether the conviction falls within the ambit of

    the “rarest of rare” cases, warranting the death sentence for the

    accused.”

    21.It is a pathetic case of the victim girl wherein her own

    father had committed penetrative sexual assault on her. Due to

    which, she had also gotten pregnant. The accused had also

    threatened her with dire consequences if she disclosed the matter to

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    anyone. It was only during her 25th week of pregnancy that her

    mother became aware of the situation. The victim was taken to a

    hospital for a medical examination, where it was confirmed that she

    was pregnant. She subsequently delivered a male baby; however, the

    baby died the next day due to perinatal asphyxia. The fetus was

    subjected to a DNA test, which confirmed that the accused is the

    biological father.

    22.In order to prove the charges, the victim had deposed as

    P.W.1. She deposed that during the month of August 2024, while

    they were sleeping, at about 01.00 a.m., her father, who was in an

    inebriated condition, had committed penetrative sexual assault on

    her. When she attempted to raise alarm, he threatened her with dire

    consequences. Even then her mother woke up and immediately the

    accused managed the situation as if he was trying to switch off the

    TV plug. Further in the same month when her mother was not

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    available in the house and her brother was playing outside, the

    accused had committed penetrative sexual assault on her. He also

    threatened her with dire consequences if she disclosed the matter to

    anyone. Because of the same, the victim did not inform the

    occurrence to anyone. She became pregnant, and when her

    menstruation was delayed, her mother took her to the hospital for a

    medical check-up, where it was confirmed that she was pregnant.

    The relevant portion of the deposition of P.W.1 is as follows:

    “vd; mk;khTk; mg;ghTk; $yp Ntiy
    nra;fpd;whu;fs;. Mf];L khjk; 2024 k; tUlk;
    Njjp epidtpy;iy ehd; vq;fs; tPlb ; y; vy;yhUk;
    gLj;J nfhz;bUe;jNghJ ,uT Neuj;jpy; Rkhu; 1
    kzpastpy; vd; mg;gh ehd; A+upd;NghFk; ,lj;jpy;
    mtUila Mz; cWg;ig Eioj;J ghypay;

    gyhj;fhuk; nra;jhu;. mg;NghJ vdJ je;ij kJ
    mUj;jpapUe;jhh;. NkYk; vd; mk;kh rw;W js;sp
    mNj miwapy; mau;e;J Jhq;fp nfhz;bUe;jhu;.
    vq;fs; tPl;by; Ngd; rj;jk; mjpfhkhf ,Uf;Fk;.

    mij gad;gLj;jp vd; mg;gh vd;dplk; clYwT
    nfhz;lhh;. ehd; fj;jk;NghJ vd; mg;gh
    vd;Dila thia nghj;jp nrhy;y $lhJ vd;W

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    kpul;bdhu;. e}d; fj;jpNdd;. vd; mk;kh vOe;J
    vjw;fhf Nghdha; vd;W vd; mg;ghtplk;

    Nfl;lNghJ vd; mg;gh btp gpsf;if Mg; gz;z
    Nghdjhf nrhd;dhh;. clNd vd; mk;khtpw;Fk;
    vd; mg;ghtpw;Fk; rz;il te;jJ. mjd; gpwF xU
    ehs; gfy; Neuj;jpy; Rkhu; fhiy 10 kzpastpy;
    vd; mk;kh Ntiyf;F Ngha;tpl;lhu;. vd; jk;gp
    ntspapy; tpisahbnfhz;bUe;jhd;. ehDk; vd;
    mg;ghTk; kl;Lk; jhd; tPl;by; ,Ue;Njhk;. mg;NghJ
    vd; mg;gh ehd; êhpd; NghFk; ,lj;jpy; mtuJ A
    +upd;NghFk; MZWg;ig itj;J vd; ngz;

    cWg;gpy; itj;J clYwT nfhz;lhu;. ehd;

    mk;khtplk; nrhy;yptpLNtd; vd;W vd; mg;ghtplk;
    nrhd;Ndd;. nrhd;dhy; ntl;b nfhd;WtpLNtd;

    vd;W kpul;bdhu.; mjdhy; ehd; gae;J nfhz;L
    ahuplKk; nrhy;ytpy;iy. vd;idAk; vd;

    mk;khitAk; ntl;b nfhiy nra;J tpLtjhf
    kpul;bdhh;. mjdhy; ehd; gae;J nfhz;L vd;
    mk;khtplk; nrhy;ytpy;iy. mjw;F gpwF 4
    khjq;fshf vdf;F khjtplha; tutpy;iy. ehd;
    mij vd; mk;khdplk; nrhd;Ndd;. vd; mk;kh
    vd;id KidQ;rpgl;bapy; cs;s Muk;g Rfhjhu
    epiyaj;jpw;F gupNrhjidf;F mioj;J nrd;whu;.”

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    23.Though she was cross-examined by the accused,

    nothing significant was elicited from P.W.1. It is also noteworthy

    that the accused, his wife, and two children were staying in the same

    room. Taking advantage of this, the accused committed penetrative

    sexual assault on the victim, who is none other than his own

    daughter.

    24.The victim’s mother deposed as P.W.2.

    P.W.2 corroborated the evidence of P.W.1. She stated that the victim

    had informed her that she had not had her menstrual cycle for the

    past four months. Consequently, she was taken to the Munanjipatti

    Primary Health Centre. The doctors reported that the victim had very

    low hemoglobin and advised her to take vitamin tablets. Despite this,

    the victim’s menstruation did not resume, and she was subsequently

    taken to a Siddha clinic, where tablets and tonics were prescribed to

    improve her health. Finally, she was taken to a private clinic, where

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    it was confirmed that she was pregnant. Thereafter, the victim

    disclosed the penetrative sexual assault committed by the accused.

    25.On 17.02.2025, the victim delivered a male child, who

    died the following day. P.W.2 also deposed that the accused

    frequently quarrelled with her under the influence of alcohol.

    Consequently, she lodged a complaint before the respondent, which

    was marked as Ex.P.3. The body of the child was subjected to a

    post-mortem examination, and some fetal tissue was collected and

    subjected to a DNA test.

    26.The brother of the victim deposed as P.W.3. He stated

    that in August 2024, the accused was lying on his sister and that she

    was crying for help. When P.W.2 questioned about the incident, the

    accused immediately went to switch off the fan. Thereafter, the

    victim’s menstruation stopped, and she was later found to be

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    pregnant.

    27.To prove the arrest, the prosecution examined P.W.4.

    P.W.4 knows the accused and P.W.1 to P.W.3. In the presence of

    P.W.4, the respondent prepared an observation mahazar, which was

    marked as Ex.P.4.

    28.The grandfather of the victim deposed as P.W.5. He

    stated that he had heard about the victim’s illness, following which

    P.W.2 took her to the hospital. The victim’s menstruation had also

    stopped for four months, and she was subsequently subjected to a

    medical examination, where she was found to be pregnant.

    29.The grandmother of the victim deposed as P.W.6 and

    corroborated the evidence of P.W.5.

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    30.The maternal uncle of the victim deposed as P.W.7. He

    stated that he had heard about the penetrative sexual assault

    committed against the victim. The victim was then taken to the

    hospital, where she was found to be pregnant and delivered a male

    baby. On the next day, the child died.

    31.The other maternal uncle deposed as P.W.8 and also

    corroborated the evidence of P.W.7.

    32.In order to prove the age of the victim, the prosecution

    examined P.W.10, who is the Headmistress and issued a certificate

    verifying the victim’s date of birth as 12.09.2011. This was also

    corroborated by P.W.1 and P.W.2. The certificate was marked as

    Ex.P.6. Furthermore, the accused made a confession in the presence

    of P.W.12, and the arrest of the accused was also made in the

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    presence of P.W.12, who supported the case of the prosecution. The

    confession statement was marked as Ex.P.8.

    33.The doctor who examined the accused deposed as

    P.W.13. He certified that there was nothing to suggest that the

    accused is impotent. The potency certificate of the accused was

    marked as Ex.P.9.

    34.The doctor who examined the victim girl had deposed

    as P.W.14. The victim girl stated that her father had committed

    penetrative sexual assault on her. During the medical examination,

    her hymen was not found to be intact, and she was diagnosed as

    being 26 weeks pregnant. A 26-week fetus was observed in her

    uterus. The accident register was marked as Ex.P.10, and the medical

    report was marked as Ex.P.11. After delivering a male child, the

    child died. Consequently, the child was subjected to a postmortem,

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    and the doctor who conducted the postmortem deposed as P.W.15. A

    piece of the right femur of the child was preserved for DNA analysis

    and sent for examination. Finally, the doctor opined that the death

    was possibly due to complications of perinatal asphyxia. The

    postmortem report was marked as Ex.P.12, and the final opinion was

    marked as Ex.P.13.

    35.The scientific officer deposed as P.W.21. After

    conducting DNA examination of the fetus and the blood samples of

    the accused and the victim, it was found that the accused is the

    biological father of the male child born to the victim. The DNA

    report was marked as Ex.P.24.

    36.As rightly pointed out by the learned Additional Public

    Prosecutor, it is not the case of the accused that he frequently

    quarreled with the mother of the victim under the influence of

    alcohol and that a false case was foisted against him. In fact, there is

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    absolutely no cross-examination to that effect from the witnesses.

    Therefore, the prosecution has clearly proved the charges against the

    accused. The Trial Court rightly convicted him.

    37.Accordingly, the first point is answered and the

    conviction for the offences punishable under Sections 5(n) 5(j) (ii)

    read with 6 of POCSO Act and Section 351(2) of BNS is confirmed.

    38.Insofar as the sentence is concerned, the Trial Court

    awarded capital punishment of death penalty by classifying this case

    as a “rarest of rare” case warranting death sentence.

    39.It is true that the aggravating circumstances arose in the

    present case since the penetrative sexual assault was committed by

    the own father of the victim, failing in the most basic duty of care

    and trust. In fact, the accused repeatedly committed the said offence.

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    It demonstrates persistence and deliberate intent of the accused.

    Further, the accused also threatened the victim that if she discloses

    the incident to anybody, he will do away with the life of the victim.

    It would have caused physiological terror to the physical violation. It

    revealed extreme moral degradation, total disregard for the safety

    and dignity of the child. The accused, in order to satisfy his sexual

    desires, by taking advantage of his control over a dependent and

    helpless child, had committed sexual assault. The motive of the

    accused reflects total depravity and it cannot be excused both

    morally and legally. The victim experienced severe trauma,

    including forced pregnancy, medical risks, social stigma and loss of

    the most valuable relationship which uis the one that a child has with

    her father. But to award capital punishment, the Hon’ble Supreme

    Court of India has laid down various guiding factors, and the same

    have to be meticulously followed.

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    40.The capital punishment has been the subject of

    extensive social and judicial discussion and debate. One thing is

    clear that it is neither possible nor prudent to prescribe a universal

    formula that would apply to all cases where capital punishment has

    been prescribed. The decision shall always depend upon the facts

    and circumstances of each case. The law requires the Court to record

    special reasons for awarding such a sentence. Therefore, the Court

    must consider factors such as the nature of the offence, how and

    under what circumstances it was committed, the extent of brutality

    involved, the motive for the offence, any provocative or aggravating

    circumstances at the time of commission, the possibility of the

    convict being reformed or rehabilitated, the adequacy of a sentence

    of life imprisonment, and other attendant circumstances.

    41.Thus, it is imperative for the Court to examine each case

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    on its own facts, in light of the enunciated principles. Only through

    the application of these principles to the facts of a given case can the

    Court reach a conclusion as to whether the case falls within the

    category of the “rarest of rare” cases, where imposition of the death

    penalty alone would serve the ends of justice. The legislative intent

    behind enacting Section 354(3) of the Cr.P.C clearly demonstrates

    the legislature’s concern is taking human life and imposing the death

    penalty. This concern for the dignity of human life underscores that

    such a measure ought not to be employed except in the rarest of rare

    cases, where alternative options are unquestionably foreclosed.

    42.The words, “in the case of sentence of death, the special

    reasons for such sentence,” unambiguously indicate the legislature’s

    command that such reasons must be recorded when imposing a death

    sentence. In this regard, the Constitution Bench of the Hon’ble

    Supreme Court of India has held that, to qualify as aggravating

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    circumstances forming the basis of special reasons under Section

    354(3) of the Cr.P.C, the circumstances must demonstrate

    aggravation of an abnormal or special degree. At the same time,

    mitigating circumstances are undoubtedly relevant and must be

    given significant weight in the determination of sentence. The

    following guidelines were also issued in the said case:

    “(i) The extreme penalty of death need not be
    inflicted except in gravest cases of extreme culpability.

    (ii) Before opting for the death penalty the
    circumstances of the “offender” also requires to be
    taken into consideration along with the circumstances
    of the “Crime”.

    (iii) Life imprisonment is the rule and death
    sentence is an exception. ….. death sentence must be
    imposed only when life imprisonment appears to be an
    altogether inadequate punishment having regard to the
    relevant circumstances of the crime, and provided, and
    only provided the option to impose sentence of
    imprisonment for life cannot be conscientiously

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    exercised having regard to the nature and
    circumstances of the crime and all the relevant
    circumstances.

    (iv) A balance sheet of aggravating and
    mitigating circumstances has to be drawn up and in
    doing so the mitigating circumstances have to be
    accorded full weightage and a just balance has to be
    struck between the aggravating and the mitigating
    circumstances before the option is exercised.”

    43.Therefore, it satisfies the mitigating circumstances that

    could be considered while determining such a serious issue. The

    mitigating circumstances are prescribed as follows:

    “206. …. Mitigating circumstances.-In the
    exercise of its discretion in the above cases, the
    court shall take into account the following
    circumstances:

    (1) That the offence was committed under
    the influence of extreme mental or emotional

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    disturbance.

    (2) The age of the accused. If the accused
    is young or old, he shall not be sentenced to death.

    (3) The probability that the accused would
    not commit criminal acts of violence as would
    constitute a continuing threat to society.

    (4) The probability that the accused can be
    reformed and rehabilitated.

    The State shall by evidence prove that the accused
    does not satisfy Conditions (3) and (4) above.

    (5) That in the facts and circumstances of
    the case the accused believed that he was morally
    justified in committing the offence.

    (6) That the accused acted under the
    duress or domination of another person.

    (7) That the condition of the accused
    showed that he was mentally defective and that the
    said defect impaired his capacity to appreciate the
    criminality of his conduct.”

    44.In order to award capital punishment, the aggravating

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    circumstances are as follows:

    “Aggravating Circumstances :

    (1) The offences relating to the commission of
    heinous crimes like murder, rape, armed dacoity,
    kidnapping etc. by the accused with a prior record of
    conviction for capital felony or offences committed by
    the person having a substantial history of serious
    assaults and criminal convictions.

    (2) The offence was committed while the
    offender was engaged in the commission of another
    serious offence.

    (3) The offence was committed with the
    intention to create a fear psychosis in the public at
    large and was committed in a public place by a weapon
    or device which clearly could be hazardous to the life of
    more than one person.

    (4) The offence of murder was committed for
    ransom or like offences to receive money or monetary
    benefits.

    (5) Hired killings.

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    (6) The offence was committed outrageously
    for want only while involving inhumane treatment and
    torture to the victim.

    (7) The offence was committed by a person
    while in lawful custody.

    (8) The murder or the offence was committed
    to prevent a person lawfully carrying out his duty like
    arrest or custody in a place of lawful confinement of
    himself or another. For instance, murder is of a person
    who had acted in lawful discharge of his duty under
    Section 43 Cr.P.C.

    (9) When the crime is enormous in proportion
    like making an attempt of murder of the entire family or
    members of a particular community.

    (10) When the victim is innocent, helpless or a
    person relies upon the trust of relationship and social
    norms, like a child, helpless woman, a daughter or a
    niece staying with a father/uncle and is inflicted with
    the crime by such a trusted person.

    (11) When murder is committed for a motive
    which evidences total depravity and meanness.

    (12) When there is a cold blooded murder

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    without provocation.

    (13) The crime is committed so brutally that it pricks or
    shocks not only the judicial conscience but even the conscience of
    the society.”

    45.At the same time, the mitigating circumstances to

    reduce a death sentence are as follows:

    “Mitigating Circumstances :

    (1) The manner and circumstances in and
    under which the offence was committed, for example,
    extreme mental or emotional disturbance or extreme
    provocation in contradistinction to all these situations
    in normal course.

    (2) The age of the accused is a relevant
    consideration but not a determinative factor by itself.

    (3) The chances of the accused of not
    indulging in commission of the crime again and the
    probability of the accused being reformed and
    rehabilitated.

    (4) The condition of the accused shows that he
    was mentally defective and the defect impaired his

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    capacity to appreciate the circumstances of his criminal
    conduct.

    (5) The circumstances which, in normal course
    of life, would render such a behavior possible and could
    have the effect of giving rise to mental imbalance in that
    given situation like persistent harassment or, in fact,
    leading to such a peak of human behavior that, in the
    facts and circumstances of the case, the accused
    believed that he was morally justified in committing the
    offence.

    (6) Where the Court upon proper appreciation
    of evidence is of the view that the crime was not
    committed in a pre-ordained manner and that the death
    resulted in the course of commission of another crime
    and that there was a possibility of it being construed as
    consequences to the commission of the primary crime.

    (7) Where it is absolutely unsafe to rely upon
    the testimony of a sole eye-witness though prosecution
    has brought home the guilt of the accused.”

    46.Therefore, while determining questions relating to the

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    sentence, the Court must follow certain principles, which serve as

    the guiding star alongside the other considerations in deciding

    whether to impose the death sentence. The principles are as follows:

    “Principles:

    (1) The Court has to apply the test to
    determine, if it was the “rarest of rare” case for
    imposition of a death sentence.

    (2) In the opinion of the Court, imposition
    of any other punishment, i.e., life imprisonment
    would be completely inadequate and would not meet
    the ends of justice.

    (3) Life imprisonment is the rule and death
    sentence is an exception.

    (4) The option to impose sentence of
    imprisonment for life cannot be cautiously exercised
    having regard to the nature and circumstances of the
    crime and all relevant considerations.

    (5) The method (planned or otherwise) and
    the manner (extent of brutality and inhumanity, etc.)
    in which the crime was committed and the

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    circumstances leading to commission of such heinous
    crime.”

    47.Guided by the above principles, the Court must assess

    whether the accused is liable to be punished with the death penalty.

    The present case, however, is not one of the “rarest of rare” cases

    where the Court would find that life imprisonment is entirely

    inadequate, even if the accused is held guilty of the offences

    charged.

    48.Whenever the nature of the offence, the manner in

    which it was committed, its attendant circumstances, and the motive

    and status of the victim undoubtedly bring the case within the ambit

    of “rarest of rare” cases, and the Court finds that the imposition of

    life imprisonment would result in inadequate punishment, the Court

    may award the death penalty. In cases that fall under exceptions to

    the “rarest of rare” category, the Court may exercise judicial

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    discretion by imposing life imprisonment in place of the death

    sentence. Furthermore, every punishment imposed affects not only

    the accused but also society as a whole.

    49.The Hon’ble Supreme Court of India has also issued

    practical guidelines for collecting mitigating circumstances to

    consider converting a death sentence to life imprisonment in the case

    of Manoj and Others vs. State of Madhya Pradesh [(2023) 2 SCC

    353], wherein it was held as follows:

    “Practical guidelines to collect mitigating circumstances

    248.There is urgent need to ensure that
    mitigating circumstances are considered at the trial
    stage, to avoid slipping into a retributive response to
    the brutality of the crime, as is noticeably the situation
    in a majority of cases reaching the appellate stage.

    249. To do this, the trial court must elicit
    information from the accused and a the State, both. The
    State, must-for an offence carrying capital punishment

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    -at the appropriate stage, produce material which is
    preferably collected beforehand, before the Sessions
    Court disclosing psychiatric and psychological
    evaluation of the accused. This will help establish
    proximity (in terms of timeline), to the accused person’s
    frame of mind (or mental illness, if any) at the time of
    committing the crime and offer guidance on mitigating
    factors (1), (5), b (6) and (7) spelled out in Bachan
    Singh Even for the other factors of (3) and (4)-an onus
    placed squarely on the State conducting this form of
    psychiatric and psychological evaluation close on the
    heels of commission of the offence, will provide a
    baseline for the appellate courts to use for comparison
    te. to evaluate the progress of the accused towards
    reformation, achieved during the incarnation period.

    250. Next, the State, must in a time-bound
    manner, collect additional information pertaining to
    the accused. An illustrative, but not exhaustive list is as
    follows:

    (a) Age

    (b) Early family background (siblings,
    protection of parents, any d history of violence or

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    neglect)

    (c) Present family background (surviving
    family members, whether married, has children, etc.)

    (d) Type and level of education

    (e) Socio-economic background (including
    conditions of poverty or deprivation, if any)

    (f) Criminal antecedents (details of offence
    and whether convicted, sentence served, if any)

    (g) Income and the kind of employment
    (whether none, or temporary or permanent, etc.);

    (h) Other factors such as history of unstable
    social behaviour, or mental or psychological
    ailment(s), alienation of the individual (with reasons, if
    any), etc.
    This information should mandatorily be available
    social behaviour, or mental or psychological
    ailment(s), alienation of the individual (with reasons, if
    any), etc.”

    50.Therefore, the above information must mandatorily be

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    made available to the Trial Court at the sentencing stage. The

    accused should be given the opportunity to produce evidence in

    rebuttal, establishing all mitigating circumstances.

    51.Although the Trial Court had stated the aggravating

    factors for imposing the death sentence, it failed to collect

    mitigating circumstances from both the accused and the prosecution.

    Further, information regarding the convict’s conduct in jail, work

    undertaken (if any), activities engaged in, and other relevant details

    should be obtained in the form of a report from the appropriate jail

    authorities, including reports from the Probation and Welfare Officer

    and the Superintendent of Prison.

    52.Therefore, this Court called for reports from the jail

    authorities and the Medical Officer. The Psychologist of the Central

    Prison, Palayamkottai, Tirunelveli District, submitted a report before

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    this Court, and the report is as follows:

    “PSYCHOLOGICAL REPORT OF PRISONER
    TPDA 8688 PAUL ESAKKI S/O ARUMUGAM
    CENTRAL PRISON PALAYAMK?????

    The above said Detenue Prisoner Paul Esakki
    S/O Arumugam (TPDA 8688), aged 50 years was admitted
    in Central Prison Palayamkottai as a Remand Prisoner on
    14.02.2025 (RP 6791) u/s 3(d), 5(g). 6 & 7 of POCSO Act,
    351(3) BNS. On 16.03.2025 he was converted into Detenue
    Prisoner (TPDA 8688). No significant psychological
    complaints were observed during his pre conviction tenure
    and he appeared to be well adapted to the prison
    environment. He was obedient, abiding by prison rules and
    regulations. After his conviction, he was lodged in Central
    Prison Dispensary from 24.12.2025 t? 31.12.2025 for
    vigilant observation of any psychological distress and
    emotional disturbances. He was reviewed periodically and
    no such complaints were observed. The prisoner was found
    to be psychologically stable. He is introvert by personality
    and his intelligence is marked at average intellectual
    capacity. In general his behavior is positive, well
    disciplined and co-operative with prison officials. No
    significant psychological illness or complaints are

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    observed at present, in his post conviction tenure.”

    53.Further, the Medical Officer of the Central Prison,

    Palayamkottai, also submitted a report, wherein it was stated as

    follows:

    “The above said Detenue Prisoner Paul Esakki
    S/O Arumugam (TPDA 8688), aged 50 years was
    admitted in Central Prison Palayamkottai as a Remand
    Prisoner on 14.02.2025 (RP 6791) u/s 3(d), 5(g), 6 & 7
    of POCSO Act, 351(3) BNS. On 16.03.2025 he was
    converted into Detenue Prisoner (TPDA 8688). No
    significant psychological complaints were observed
    during his pre conviction tenure and he appeared to be
    well adapted to the prison environment. He was
    obedient, abiding by prison rules and regulations. After
    his conviction, he was lodged in Central Prison
    Dispensary from 24.12.2025 to 31.12.2025 for vigilant
    observation of any psychological distress and emotional
    disturbances. He was reviewed periodically and no such

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    complaints were observed. The prisoner was found to be
    psychologically stable. He is introvert by personality
    and his intelligence is marked at average intellectual
    capacity. In general his behaviour is positive, well
    disciplined and co-operative with prison officials. No
    significant psychological illness or complaints are
    observed at present, in his post conviction tenure. At
    present the general condition of the prisoner is normal
    both physically and mentally.”

    54.Further, considering the above facts and circumstances,

    as well as the age of the accused, this Court finds that the imposition

    of the death sentence should be modified to a sentence of life

    imprisonment.

    55.In view of the above, the conviction and sentence

    imposed on the accused in Special C.C.No.208 of 2025, on the file

    of the learned Sessions Judge, Special Court for POCSO Act Cases,

    Tirunelveli, for the offence punishable under Sections 5(n), 5(l), 5(j)

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    (ii) read with Section 6 of the POCSO Act, to death is set aside. The

    accused is hereby convicted and sentenced to undergo life

    imprisonment for the offence punishable under Sections 5(n), 5(l),

    5(j)(ii) read with Section 6 of the POCSO Act, and the fine amount

    already imposed against the accused shall stand confirmed.

    56.In all other aspects, the conviction and sentence

    imposed on the accused in Special C.C.No.208 of 2025, on the file

    of the learned Sessions Judge, Special Court for POCSO Act Cases,

    Tirunelveli, for the offence punishable under Section 351(2) of the

    BNS Act, are confirmed.

    57.Further, the salary of the accused shall be transferred to

    a separate account opened in the name of the minor victim girl. The

    mother of the victim is permitted to withdraw the interest once every

    three months until the victim attains majority. The State shall bear

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    the educational expenses of the victim, and her studies shall continue

    without any interference.

    58.With the above modifications, Crl.A(MD) No. 278 of

    2026 is partly allowed and R.T(MD) No. 1 of 2026 is disposed of.

    The sentences of imprisonment shall run concurrently. The period of

    imprisonment already undergone by the accused shall be set off

    under Section 428 of the Cr.P.C.

    
    
    
                                                                         [G.K.I.J.,] & [R.P.J.,]
                                                                               24.02.2026
                         NCC          :Yes/No
                         Index        :Yes/No
                         ps
    
    
    
    
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                                                                                        & Crl.A(MD)No.278 of 2026
    
    
    
    
                         To
    
                         1.The Sessions Judge, Special Court for
                             POCSO Act Cases,
                         Tirunelveli.
    
                         2.The Inspector of Police,
                         All Women Police Station-Nanguneri,
                         Tirunelveli District.
    
                         3.The Additional Public Prosecutor,
                         Madurai Bench of Madras High Court,
                         Madurai.
    
    
    
    
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                                                                  G.K. ILANTHIRAIYAN, J.
                                                                                   AND
                                                                         R. POORNIMA, J.
    
                                                                                                      ps
    
    
    
    
                                                                      R.T(MD)No.1 of 2026
                                                                & Crl.A(MD)No.278 of 2026
    
    
    
    
                                                                                          24.02.2026
    
    
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