On Tuesday (27th February), a court in Mumbai sentenced a 24-year-old transgender to death for kidnapping, raping, and murdering a three-month-old girl in Cuffe Parade area of Mumbai in 2021. The court said that the offence committed by the convict was rarest of the rare terming it barbaric and inhuman. Special judge of the Prevention of Children from Sexual Offences (POCSO) court, Aditee Kadam pronounced the decision.
While giving the verdict, Special Judge Aditee Kadam said, “Life sentence is a rule, and death sentence is an exception, only to be awarded in the rarest of rare cases. This crime smacks of the degradation of a girl child, depravity, and perversity. The barbaric and inhuman manner in which the offence was committed has made it the ‘rarest of rare cases’.” She added, “The accused had planned in advance to commit the crime and executed it in a meticulous manner.”
According to the inquiry, the accused visited the girl’s family and asked for a gift including a saree, coconut and Rs 1,100 to bless the newborn child, citing that it is usual among certain segments of the transgender community. However, the family turned down to offer anything because they were unable to give due to the COVID-19 pandemic situation. The accused then developed a resentment against the family. Later, on 8th July 2021, the accused abducted the newborn while her family was sleeping, raped her, and drowned her in a nearby creek. He was aided by a co-accused. The judge acquitted the co-accused of all charges.
The child’s remains were discovered the following morning in a marshy area near a creek close to their residence, guided by information provided by the accused. A witness testified that he came across the infant while fishing at Sassoon Dock around 2 a.m. The girl’s mother lodged a complaint. She said in her testimony, “The accused had come to the house around 8 p.m. asking for bakshish (gift) in the form of a 9-yard saree, coconut, and 1,100 on the birth of a girl child. We did not give him anything. While leaving, he threatened us that he would do something in five-six days which would make him famous.”
The accused’s advocate argued that his client has no criminal history and is an ignorant transgender person who relies on public contributions. The lawyer pleaded with the court to examine the accused’s personality, as evidenced by his age, character, other circumstances, and willingness to rehabilitate, as a significant factor in determining the punishment.
The court observed, “It is a crime that would send a chill down the spine of every parent of a girl child, especially in a poor vicinity. The perversity in the mind of the accused is apparent when a budding infant/girl child is exterminated in a very ghastly and shocking manner, the social fabric gets permanently damaged beyond repair.”
The court further said, “The accused committed the murder of an infant who was only three months old and even her family had no previous enmity with him. There was absolutely no provocation on their part to instigate the accused to take the life of an infant and to commit such a gruesome offence with her.”
The father of the victim expressed satisfaction over the speedy judicial procedure and the sentence awarded to the convict. He said, “The trial progressed quickly, and we are satisfied with the decision. Justice has been delivered.” Public prosecutor RV Tiwari argued on behalf of the complainants.
