The Calcutta High Court has commuted the death penalty of Srimanta Tung, a 58-year-old man convicted of the rape and murder of a minor girl in Haldia, to life imprisonment. The court's decision, delivered on Tuesday, June 24, 2025, took into consideration Tung's age, lack of prior criminal history, and the absence of evidence suggesting past antisocial behavior. A division bench comprising Justice Debangsu Basak and Justice Md. Shabbar Rashidi upheld the trial court's conviction, firmly stating that the evidence presented by the prosecution left no doubt that Tung was the perpetrator.
The case revolves around the death of a 14-year-old girl who worked as a maid in Tung's residence. The incident occurred in August 2016. According to the prosecution, Tung's wife was a working woman, which might have created opportunities for him to interact with the victim, potentially leading to the crime. The court noted that there was no prior animosity between the victim and the convict or their families. After the assault, Tung, in an attempt to conceal the crime, killed the victim and set her body ablaze to destroy evidence.
The High Court emphasized that to categorize a case as "rarest of rare," the circumstances must be evaluated based on "aggravating" and "mitigating" factors, as directed by the Supreme Court. In murder cases, it must be conclusively proven that the offense was committed in a cold-blooded manner. Additionally, the convict's age is a crucial consideration. The court cited the Supreme Court's guidance that the death penalty should not be awarded to convicts who are too young or too old.
In this particular case, the court acknowledged the brutality of the crime. The victim was first strangled, and then her body was set on fire to eliminate evidence. Medical evidence confirmed that the victim had been subjected to repeated sexual assaults before her death. The bench also emphasized that the victim was a minor at the time of the incident.
However, the court also took note of several mitigating factors. Tung's psychological report indicated that he was 58 years old and did not suffer from any psychopathological issues. He had previously worked as a laborer and had no prior criminal record or history of unstable social behavior or mental illness.
Considering these factors, the High Court commuted Tung's death sentence to life imprisonment. The court clarified that this life imprisonment would mean imprisonment for life without remission until 20 years from the date of his arrest. The bench stated that the circumstances of the case did not suggest that the offense was pre-planned or the result of enmity. While acknowledging that every murder is gruesome, the court emphasized that this alone cannot justify a death sentence, as this case did not meet the "rarest of rare" criteria.
The state, represented by Additional Public Prosecutor Debasish Roy, argued that the evidence presented during the trial formed a complete chain, establishing Tung's guilt. After a thorough examination of the evidence and witness statements, the bench concluded that the victim suffered an unnatural death and was subjected to repeated sexual assault before her death.
This decision highlights the judiciary's cautious approach to imposing the death penalty, emphasizing the need to balance justice with the possibility of rehabilitation, even in cases involving heinous crimes against children.
