The Supreme Court on Tuesday commuted the death sentence of a man, who was convicted for raping his minor daughter and murdering his wife & four children, on the grounds of his reformative conduct during incarceration.
The Bench of Justice Vikram Nath, Justice Sanjay Karol and Justice Sandeep Mehta observed that considering the satisfactory jail record of convict Reji Kumar, his past trauma and mental health concerns, the sentence of death could not be sustained, even though the offence was brutal.
While setting aside the sentence handed down by the trial court and upheld by the Kerala High Court, the Apex Court pointed out that the convict-appellant had no prior antecedents and maintained a good conduct during incarceration for the past around 16-17 years. He faced difficulties in mental health and made consistent efforts at being a model prisoner.
Reji was convicted for the rape and murder of his 12-year-old daughter, as well as the murder of his wife and three other children aged 10, 9 and 3 years. The crime took place over the course of several days in July 2008.
While acquitting him of the charge under Section 297 IPC (trespassing on burial places), the trial court convicted him on all other counts.
In 2010, the trial court awarded him the death sentence, citing the brutality of the offence, the premeditated nature of the killings and the betrayal of trust towards the family.
In 2014, the Kerala High Court upheld the conviction and sentence after observing that the case met the “rarest of rare” test for imposition of capital punishment.
The convict moved the Supreme Court challenging the High Court order.
While affirming the conviction under Sections 302 (murder), 376 (rape) and 201 (causing disappearance of evidence) of the IPC, the Supreme Court noted that the appellant had shown significant reform during his incarceration.
He had no prior criminal record, exhibited good conduct in jail, and had been entrusted with responsibilities by jail authorities. He had also donated over Rs 83,000 to causes, including bail amounts of fellow inmates.
The Bench further took into consideration the psychological reports, which revealed that the convict had suffered childhood neglect, family instability and mental health issues. He had developed coping mechanisms and showed signs of repentance.
The top court of the country held that in view of the facts and circumstances of the case, the appellant did not deserve to be set free.
It directed the convict to spend the remainder of his days in jail, till his last breath, doing acts of penance to atone for the crimes he committed and particularly for the fact that he extinguished four bright flames.
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