Did the MP High Court Justify the Death Sentence in the Bhopal Rape-Murder Case?
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Bhopal/Jabalpur, Jan 23 (NationPress) The Madhya Pradesh High Court has confirmed the death penalty given to Atul Nihale, who was found guilty of the rape and murder of a five-year-old girl in Bhopal in 2024.
A division bench comprising Justices Vivek Agarwal and Ramkumar Choubey labeled the crime as a “barbaric act of a depraved mind” and categorized it as a “rarest of rare” case, meriting the utmost punishment.
The Bench remarked that the crime against the five-year-old was “heinous” and “barbarous”, emphasizing the extreme violence involved and stating that such actions justified a death sentence.
The incident took place on September 24, 2024, in the Shahjahanabad area of Bhopal. The victim had left home, informing her grandmother she would return shortly after picking up a book from a nearby anganwadi center.
When she failed to come back, her family initiated a search and subsequently filed a missing person report with the local police. Sub-Inspector Anant Kumar Pandey registered an FIR (First Information Report) against unidentified individuals.
On September 26, police discovered Nihale’s flat in Bajpai Nagar, Eidgah Hills, after receiving reports of a foul odor. Allegedly, Nihale's mother Basanti Bai and sister Chanchal attempted to obstruct police entry, claiming the smell was due to dead rats and recent cleaning. Upon entering the premises, police uncovered the girl's body inside a plastic water tank in the bathroom.
A medical examination at AIIMS Bhopal revealed multiple injuries and confirmed that the child had endured sexual assault and homicidal death, according to the court. The post-mortem report indicated the body was decomposed, suggesting a delay in its recovery.
Nihale, a 30-year-old laborer with a criminal background, was arrested. His confession under the Bharatiya Sakshya Adhiniyam led to the recovery of evidence, including clothing and a knife, from his flat.
The court noted that DNA analysis corroborated the evidence collected during the investigation.
The Special Court in Bhopal convicted Nihale on March 10, 2025, under various sections of the Bharatiya Nyaya Sanhita (BNS) and the POCSO Act, imposing death sentences on three counts along with life imprisonment for additional charges.
Nihale's co-accused, Basanti Bai and Chanchal, were acquitted by the trial court. The High Court focused on Nihale’s conviction and sentence during the appeal.
In upholding the punishment, the Bench dismissed mitigating factors, including the convict's socio-economic status and marital status, highlighting his criminal history. The court referenced precedents such as Bachan Singh and Machhi Singh, concluding that the severity of the crime outweighed any potential leniency.