In India, the death penalty is reserved only for the “rarest of rare” cases.
This year, courts awarded capital punishment in cases like the UP couple convicted of sexually abusing minor boys and the Sathankulam custodial deaths case involving police torture and killings.
Now, a Delhi court has reignited that debate.
The case involves a 22-year-old convicted of kidnapping and raping a four-year-old girl.
The court called the crime horrific, but said it did not fall under the “rarest of rare” category.
What Happened?
On 30 April, the Delhi court convicted Sunny Kumar for kidnapping and raping a four-year-old girl.
According to the court order, the child suffered severe and life-threatening injuries that were consistent with penetrative sexual assault.
The details presented before the court painted a devastating picture.
The child’s mother said her daughter underwent multiple surgeries after the assault. For a period of time, the child survived only on a liquid diet.
The judge also noted that after the surgeries, the girl could neither sit nor stand properly. Her parents had to carry her in turns.
The assault also completely disrupted the family’s life.
Both parents reportedly had to stop working to care for their daughter full-time.
Why The Court Refused Death Penalty
During sentencing, the prosecution pushed for capital punishment.
But Additional Sessions Judge Amit Sahrawat refused to award the death penalty.
The court said the case did not meet the legal threshold required for execution.
According to the order, the judge considered two factors important:
The convict was only 22 years old
He had no previous criminal record
The court said these circumstances made the death penalty “not justifiable” in this case.
At the same time, the judge made it clear that the convict still posed a danger to society.
The court observed that if someone could commit such a crime against a four-year-old child, he remained a serious threat and should spend the rest of his life behind bars.
The order also mentioned that Kumar admitted guilt during sentencing proceedings and expressed remorse before the court.
What Does “Rarest Of Rare” Mean?
The phrase “rarest of rare” comes from a landmark 1980 Supreme Court judgment called the Bachan Singh case.
The ruling established that courts should award the death penalty only in exceptional circumstances where life imprisonment is considered insufficient.
That means judges do not look only at the brutality of the crime.
They also consider:
The age of the accused
Criminal history
Chances of reform
Mental condition
Circumstances surrounding the crime
This is why even extremely disturbing crimes do not automatically result in a death sentence.
In recent years, Indian courts have repeatedly faced criticism from both sides of the debate.
Some argue that crimes against children deserve the harshest punishment possible.
Others argue that courts must follow constitutional safeguards carefully, even in emotionally charged cases.
This Delhi judgment now joins that larger national debate.
What Punishment Did The Court Give?
Although the court denied the death penalty, it still handed down one of the strictest possible punishments under Indian law.
Sunny was sentenced to life imprisonment for the remainder of his natural life under the POCSO Act.
That means he will remain in prison for the rest of his life unless legally remitted.
The court also ordered compensation of Rs. 13.5 lakh for the child’s rehabilitation.
According to the order:
Rs. 5 lakh had already been released earlier
The remaining amount will be provided through the Delhi State Legal Services Authority
The compensation is expected to support the child’s treatment, recovery and rehabilitation.
