Mangaluru: The Karnataka High Court has upheld the death sentence awarded to three convicts in the abduction, sexual assault and murder of a minor girl at a tile factory in Ulaibettu near Vamanjoor, ruling that reducing the punishment would encourage heinous crimes and send a wrong message to society. The court dismissed the appeals filed by the convicts and confirmed the capital punishment imposed earlier by the trial court.
A division bench, while delivering its judgment, observed that the offence fell under the “rarest of rare” category and warranted the highest punishment under law. The judges stated that the nature of the crime had shocked the collective conscience and showed extreme disregard for the life and dignity of a child.
Appeals by three convicts dismissed
The three convicts — Jaiban Adivasi and Mukesh Singh from Madhya Pradesh, and Manish Tirkey from Jharkhand — had approached the High Court seeking to set aside their conviction and sentence. After re-examining the trial court records, evidence and legal findings, the High Court rejected their appeals.
Alongside dismissing the appeals, the bench also allowed the state government’s petition seeking confirmation of the death sentence. Under criminal procedure, death penalties awarded by trial courts require confirmation by the High Court before they can be carried out.
The judges held that the trial court had properly assessed the evidence and applied the correct legal principles while awarding capital punishment.
Court calls act a shock to society
In its order, the bench said the offence was not an ordinary crime but one that deeply disturbed societal conscience. The court noted that the accused exploited the vulnerability of a young child and acted with full knowledge of the consequences.
The judges observed that the accused showed no regard for the victim’s life and safety and acted in a coordinated manner. The sequence of events — luring the child, committing the assault and later killing her to conceal the offence — demonstrated calculated intent.
The court stressed that showing undue leniency in such cases would weaken deterrence and could embolden similar offenders. It concluded that the gravity of the crime outweighed arguments seeking sentence reduction.
Incident took place at factory premises
According to the prosecution case accepted by the courts, the victim was a girl aged around 7 to 8 years who lived at the factory premises where her mother worked as a labourer. The accused were known to the child, which helped them gain her trust.
The child was taken away on the pretext of buying snacks and led into a room inside the premises, where she was subjected to sexual assault by the accused persons in succession. Medical examination findings placed before the court confirmed serious injuries consistent with violent abuse.
Investigators said that in an attempt to destroy evidence and avoid detection, the accused killed the child and later disposed of the body in a nearby drain. The incident occurred on November 21, 2021.
Investigation supported by CCTV and forensic reports
The case was registered following a complaint by the victim’s mother. Police launched an investigation using CCTV footage from the surrounding area, which helped trace the movement of the accused around the time of the incident.
Forensic Science Laboratory (FSL) reports, medical records and material evidence collected from the scene formed a crucial part of the prosecution case. Witness statements and technical evidence established a consistent chain linking the accused to the crime.
Based on the evidence, the trial court had found all three guilty and sentenced them to death. Each of the convicts was also directed to pay a fine of ₹40,000.
The High Court, after independent review, found the evidence reliable and legally sufficient to sustain both conviction and sentence.
No mitigating factors found sufficient
While considering whether the sentence should be reduced, the High Court examined possible mitigating circumstances presented by the defence. However, the bench held that none were strong enough to outweigh the aggravating factors.
Among the aggravating factors cited were the young age of the victim, breach of trust, multiple offenders, and the deliberate act of killing to hide the crime. The court said these factors firmly placed the case in the highest category of punishment.
Legal experts note that confirmation proceedings in death penalty cases involve detailed scrutiny to ensure fairness, evidentiary strength and proportionality of punishment.
Calls for child safety and vigilance
The judgment has once again drawn attention to child safety, worker settlement areas and the need for stronger vigilance around labour colonies and industrial premises where families reside. Child rights advocates say awareness, supervision and quick reporting mechanisms are essential to prevent such crimes.
They have also stressed the importance of fast-track investigation and trial in crimes involving minors, along with psychological and financial support for affected families.
Conclusion
With the High Court confirming the death sentence, the case reaches a critical legal milestone, subject to any further appeal before the Supreme Court. The ruling reinforces the judiciary’s stand that crimes involving extreme violence against children invite the strongest punishment under law and that deterrence remains a key sentencing principle.
