18 June 2025 Legal Updates

CALCUTTA HIGH COURT COMMUTES DEATH SENTENCE OF MAN CONVICTED FOR RAPE & MURDER OF 2.5 YEAR OLD GIRL CHILD

(a) Case Title:  

• State of West Bengal v. Suresh Paswan

(b) Court:

• High Court of Calcutta (Criminal Appellate Jurisdiction) 

(c) Date of Decision: 

• June 17, 2025 

(d) Bench:

• Hon’ble Justice Debangsu Basak and Hon’ble Justice Md. Shabbar Rashidi 

Background: 

The case involved the rape and murder of a 2.5-year-old girl (Victim) on July 20-21, 2013, in Kolkata. The accused, Suresh Paswan, was convicted by the City Sessions Court under Sections 364 (kidnapping), 376A (rape causing death), and 302 (murder) of the IPC; Section 6 of the POCSO Act (aggravated sexual assault on a child). He was sentenced to death for murder, along with rigorous imprisonment for other offences. 

Prosecution's Case:

1. Circumstantial Evidence:

• The Victim was abducted while sleeping with her grandmother under a flyover. Witnesses saw the accused roaming suspiciously near the scene and testified seeing the accused carrying a child matching the Victim’s description. The Victim’s body was found in a drain with injuries indicating rape and strangulation. 

2. Recovery of Evidence: 

• The accused led police to recover the Victim’s clothes. The CCTV and employment records showed him present near the crime scene. 

Defense Arguments:

There were no reliable eyewitnesses and reliance was based on unreliable testimonies.  There were contradictions in witness statements and lack of injuries suggesting rape. 

High Court’s Findings:

The High Court upheld the conviction on the ground that the chain of circumstantial evidence was unbroken, proving the accused’s guilt beyond doubt.  However, the High Court commuted the death sentence citing Bachan Singh v. State of Punjab and Machhi Singh v. State of Punjab, emphasizing that death penalty is for the "rarest of rare" cases. 

The Court also focused on mitigating factors-

• The accused’s poor socio-economic background, lack of premeditation, and mild mental disability (per psychological report). 
• The sentence was modified to life imprisonment without remission for 50 years under Section 302 IPC.