Man escapes gallows as SC acquits him of rape charge

A man, who was on death row after being convicted by the high court of raping and murdering an eight-year-old girl in Rajasthan over five years ago, has got a reduced sentence of life term from the Supreme Court which acquitted him of the charge of sexually assaulting the minor. The court observed that since the man was acquitted for offence of raping the girl under provisions of the Protection of Children from Sexual Offences (POCSO) Act, it was not a "fit case" to impose death penalty on him as he was neither a habitual offender nor having any criminal background.

"Be that as it may, since the offence of rape is not proved and as the offence of murder is proved beyond reasonable doubt, the accused (Prahlad) is liable to be convicted for the offence under section 302 (murder) IPC," a bench of justices N V Ramana, M M Shantanagoudar and M R Shah said.

Prahlad was awarded capital punishment by the trial court in September 2015 after being convicted for the offences of sexual assault under the POCSO Act and murder under the Indian Penal Code (IPC). The Rajasthan High Court in September 2016 had confirmed the trial court's judgement and upheld the death penalty given to him in the case which was lodged in July 2013. According to the police, in July 2013, the accused had taken away the victim on the pretext of giving her chocolates from a shop.