Tue Dec 17 18:31:56 UTC 2024: ## Supreme Court Commutes Death Sentence to 25 Years for Murder of 4-Year-Old

**New Delhi** – The Supreme Court of India has commuted the death sentence of Sambhubhai Raisangbhai Padhiyar to 25 years imprisonment without remission. Padhiyar was convicted in 2019 for the sexual assault and murder of a four-year-old boy in Bharuch, Gujarat, in 2016. While acknowledging the “diabolical” nature of the crime, the three-judge bench cited mitigating circumstances, including Padhiyar’s young age (24 at the time of the crime), lack of criminal record, and good behavior in prison, as reasons for not imposing the death penalty.

The court found that the crime, while horrific – involving the enticement of the child with ice cream followed by sexual assault and strangulation – did not meet the “rarest of rare” criteria required for a death sentence. The bench noted the lack of explanation from Padhiyar regarding the child’s fate after he was last seen with him as “baffling,” but ultimately determined that the possibility of reformation was not completely ruled out.

The Supreme Court also overturned a ₹20,000 fine imposed by the lower court, citing Padhiyar’s low socio-economic background. The 25-year sentence without remission, the court argued, represents a just and proportionate punishment that maintains public confidence in the legal system. The Gujarat High Court’s earlier confirmation of the death sentence was thus overturned. Padhiyar’s conviction on charges of murder and under the Protection of Children from Sexual Offences (POCSO) Act remains in effect.

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