The prosecutrix informed her brother about the incident and both returned back to the village and went to the police station Gadi Malhara in district Chattarpur where she narrated the story and the case was registered against her father.
In meantime on 28.2.2016 a dead body of a newly born baby girl was found in a pond in the village which the police taken up the investigation.
The trial court awarded death sentence to the convict for killing the new born and rigorous life term for raping his daughter.
A division bench of Justice SK Gangele and Justice Anurag Shrivastava said “the act of the accused / appellant could not be termed as the gravest of the grave cases. Hence, the trial Court has committed an error of law in awarding death sentence to the accused/appellant”.
In the court’s opinion “the proper sentence, which may be awarded to the accused/appellant is life imprisonment”.
The court upheld his conviction and modified the death sentence to life imprisonment for offence punishable under section 302 of IPC and affirmed the conviction for commission of rape.
Written and Published by http://www.livelaw.in/