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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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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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
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;W15/46
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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;.”16/46
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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 conscientiously27/46
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& Crl.A(MD)No.278 of 2026exercised 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 emotional28/46
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(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 his32/46
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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 the34/46
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& Crl.A(MD)No.278 of 2026circumstances 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 punishment36/46
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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 or37/46
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(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 are40/46
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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 such41/46
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& Crl.A(MD)No.278 of 2026complaints 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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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.
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24.02.2026
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