NEW DELHI: The Supreme Court commuted the death sentence of a 24-year-old man who abducted, brutally sexually molested, and killed a four-year-old child as “diabolic” on Tuesday. This decision was made in light of the man’s poor background, good behavior while incarcerated, his relationship with a sexagenarian mother who cares for his young daughter, and the hope that he will change.
On April 13, 2016, Sambhubhai R. Padhiyar enticed a temple priest’s child in Piludara village in Gujarat’s Bharuch district with the promise of ice cream. The priest then brutally sodomized the boy and strangled him to death. He was given the death penalty after the trial court found him guilty of kidnapping under Section 364 of the Indian Penal Code, sodomy under Section 377 of the same code, murder, and several other offenses under the Pocso Act. Gujarat
After reviewing a number of incriminating documents, the bench consisting of Justices B R Gavai, Arvind Kumar, and K V Viswanathan ruled on appeal that Padhiyar’s crime was unquestionably diabolic in nature. After enticing the defenseless child with ice cream, he viciously sodomized and killed the four-year-old. He ruthlessly strangled the infant as well. The postmortem report unequivocally stated that asphyxia by strangling was the cause of death.
The mitigating circumstances were then enumerated by Justice Viswanathan. Padhiyar hails from a low socio- economic household; diagnosed with moderate intensity psychotic features and intellectual disability: he had in his early childhood contacted tuberculosis meningitis; maintains family ties with his 64-year- old mother who takes care of his 10 year old daughter; wife has deserted him; his behaviour in jail completely normal and showed good conduct; and feels remorse.
