Mangaluru: Trio gets death penalty for rape & murder of 8-yo girl

Team Udayavani, Nov 8, 2024, 10:36 AM IST

In a landmark ruling, the Additional District and Sessions Court and the Fast Track Special Court (FTSC-2) for POCSO cases in Mangaluru has sentenced three men to death and imposed a Rs 1.20 lakh fine each for the brutal gang rape and murder of an 8-year-old girl that took place at a tile factory in Mangaluru.

The convicted individuals include: Jai Ban Adivasi, also known as Jayasingh (21), a resident of Judamadiyar village in Saleha, Panna district, Madhya Pradesh; Mukesh Singh (20), from Kalda Bachau, Panna district, Madhya Pradesh and Manish Tirki (33), from Khalari, Ranchi, Jharkhand.

The fourth accused, Munim Singh from Panna district, was initially granted bail but subsequently absconded, failing to appear for further hearings.

The Heinous Crime:

The accused were laborers at a tile factory in Thiruvail village under the jurisdiction of the Mangaluru Rural Police. On November 20, 2021, they gathered in the room of the third accused, Manish Tirki, where they consumed alcohol and allegedly planned the assault on the young girl. The child, belonging to a family of Jharkhand-origin workers employed at the factory, was around eight years old.

The very next day, a Sunday when the factory remained closed, the accused confirmed no other workers were present on the premises. Around 1:00 to 1:30 p.m., they found the girl playing alone. Luring her with small treats and coins, they led her into a secluded, unused room in the factory, where there were no CCTV cameras.

Each of the convicts allegedly took turns assaulting the child, causing her severe pain, trauma, and ultimately leading to her death. The court report describes the girl’s agony. One of the accused, Jaiban Adivasi, covered her mouth, strangling her in an attempt to silence her.

In an attempt to cover up their crime, the accused then hid the girl’s body in a drain, and covered it with large stones.

Investigation and Arrest

The crime was discovered following a complaint from the victim’s mother, who reported her missing to the Mangaluru Rural Police. The investigation, led by Inspector Johnson D’Souza, unraveled the chilling details of the crime. Police detained 20 individuals present at the factory on the day of the crime, leading to the eventual confession of the accused.

The fourth accused, Munim Singh, was found to have been stationed outside the room to alert others of any approaching witnesses and did not inform authorities of the crime.

Trial and Verdict

The case proceeded in the FTSC-2 POCSO Special Court, where the prosecution presented an extensive list of 30 witnesses and 74 documents. After carefully reviewing forensic reports, documentary evidence, and statements, Judge Manu K.S. delivered the historic verdict on November 7, declaring the guilt of Jai Ban Adivasi, Mukesh Singh, and Manish Tirki under several sections, including: IPC Section 302 (Murder), IPC Section 376-DB (Gang rape on a minor), IPC Section 120(B) (Criminal conspiracy), and POCSO Act Section 6.

Considering it to be a rarest of rare cases, the court imposed a death sentence on each of the three accused –Jaiban Adivasi, Mukesh Singh and Manish Tirki under Section 302, 376-DB, 120 (b) of the Indian Penal Code and Section 6 of the POCSO Act for the rape and murder. Besides, imprisonment for 5 years and fine of Rs.10,000 each under Sections 366(a) and 34 of IPC, imprisonment for 10 years and fine of Rs.20,000 each under Sections 377 and 34, imprisonment for 5 years and fine of Rs.10,000 each under Sections 201 and 34 of the IPC.

Some of the witnesses in the case were initially examined by former retired public prosecutor Venkataramana Swamy, after which Special Public Prosecutor K Badrinath Nayari cross-examined other witnesses for the government and the victims.

While announcing the sentence, the accused were produced before the judge through video conferencing from Mangalore Central Jail. The accused were in a relieved mood when the sentence was announced. They are used to saying, “We have not done anything wrong” in front of the judge. All three were in jail from the day of their arrest.

Considered a “rarest of rare” case

There are instructions that POCSO cases should be disposed of within one year and accordingly the cases are being disposed of quickly. Considering hte brutal actions of the convicts, the prosecution argued for the crime be considered a “rarest of rare case”,  Public prosecutor Badrinath Nayari said.

First death sentence pronounced by Mangaluru POCSO court

This is the first case in the history of Mangalouru’s POCSO court where death penalty has been imposed. SPP Badrinath Nayari said that there is no example of death penalty imposed in the POCSO court in the coastal districts of Udupi and Uttara Kannada.