Death Sentence for Child Rape and Murder: On September 29, 2023, in Tuklimari, a small village in the Dhupguri area of Jalpaiguri district, West Bengal, an 11‑year‑old girl was playing near her house when she disappeared during the afternoon, around 2 pm—at a time when her father and uncle were attending a panchayat board meeting.
Her disappearance sparked alarm. When a search ensued and proved unsuccessful, the victim’s uncle lodged a missing-persons complaint at the local Dhupguri police station.
Her body was discovered two days later, on October 1, 2023, wrapped in a polythene sack and floating near the banks of the Dudwa river, approximately 20 km from her home. A post‑mortem confirmed rape and strangulation as the cause of death.
The prime suspect was her neighbour, 31‑year‑old Haripada Roy, a familiar figure to the child, often taking her to watch TV at his home—a deceitful tactic he used to gain her trust.
Death Sentence for Child Rape and Murder: Investigation and Legal Proceedings
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Arrest & Evidence:
Police arrested Roy on October 2, a day after the body was discovered. Crucial to the investigation were eyewitness testimonies: the victim’s siblings and another neighbour stated the girl went into Roy’s house. Additional evidence included CCTV footage showing Roy cycling toward the river with a bag presumed to contain the body. -
Charges:
Roy faced charges under multiple statutes:-
IPC Section 302: Murder
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IPC Section 376AB: Aggravated penetrative sexual assault on a child under 12
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IPC Section 201: Destruction of evidence
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POCSO Act Section 6: Aggravated penetrative sexual assault of a minor
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Trial Timeline:
A special POCSO court in Jalpaiguri, led by Judge Rintu Sur, presided over the case. The prosecution, led by Assistant Public Prosecutor Debasis (Debashis) Dutta, filed the chargesheet on November 18, 2023. Verdict (June 11, 2025):
The court found Roy guilty on all counts. His sentence included:-
Death penalty for murder and rape
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7 years rigorous imprisonment + ₹5,000 fine for evidence tampering
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₹5 lakh compensation to the victim’s family, to be disbursed by the District Legal Services Authority
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The court emphasized the crime’s horrific nature: the victim was the same age as Roy’s own daughter—a factor that heightened the betrayal and brutality.
“Rarest‑of‑Rare”: Capital Sentence Criteria
India’s Supreme Court established the “rarest-of-rare” doctrine in the landmark Bachan Singh v. State of Punjab (1980) case. Under this doctrine, the death penalty is reserved for crimes so heinous that any other punishment would be inadequate.
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POCSO cases often meet this threshold when minors are sexually assaulted and murdered. In West Bengal alone, similar death sentences include:
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The Kolkata infant case (Feb 2025): Death penalty for raping and attempting to murder a 7‑month‑old baby—ruled rarest‑of‑rare.
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The Chandini case (Nov 2023) in Kerala: 5‑year‑old raped and strangled; accused sentenced to death.
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In the Haripada Roy case, this standard was met due to:
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Extreme cruelty (strangulation + body disposal)
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Violation of a vulnerable, trusting relationship
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Attempted destruction of evidence
Judicial Safeguards and Appeals
Although Roy was handed a death sentence, capital punishment in India involves multiple layers of review:
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High Court Appeal:
Roy can appeal to the Calcutta High Court. A favorable decision could overturn or reduce the sentence. -
Supreme Court Review:
Any death sentence must obtain SC affirmation. The Supreme Court’s affirmation is mandatory before execution can proceed. -
Mercy Petition:
Post-Supreme Court, the convict can petition the President of India for mercy. Historically, lie-in-wait periods in this stage often delay execution.
Importantly, West Bengal hasn’t carried out a death execution since Dhananjoy Chatterjee in 2004, following his 1990 rape and murder conviction.
Wider Legal and Societal Context
.POCSO Act (2012)
The Protection of Children from Sexual Offences Act is India’s principal legal shield for minors, mandating rigorous punishment for sexual crimes, especially when committed against children.
Justice Verma Committee (2013)
Formed after the 2012 Nirbhaya gang-rape, this committee recommended stringent reforms to sexual violence laws. However, it did not advocate for mandatory death penalties, even for rape. Instead, it supported life imprisonment, particularly for repeat offenders.
Public Debate on Capital Punishment
While some segments argue public safety demands capital penalties to deter brutal child-rape, rights groups caution about irreversible miscarriages of justice, especially when verdicts rest on forensic or procedural interpretations.
Societal and Emotional Impact
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Community Response
Tragedies like this leave villages traumatized, grieving the betrayal of someone trusted. -
Media & Public Reaction
Intense media coverage brings anger, sympathy for the victim’s family, and clamors for justice. Emotional commentary often centers on the vulnerability of children and the presumed moral character of caregivers—now violated. -
Policy & Deterrence Debate
Capital punishment is defended as a deterrent but contested on ethical and practical grounds. Many argue stronger victim-social services, edge-case legal reform, or swifter justice systems are more impactful deterrents. -
Victim Compensation
The ₹5 lakh awarded is significant, but delivery timelines and bureaucratic delays often complicate the legal victory. Compensation doesn’t erase suffering but can help rebuild the family’s immediate future.
What Happens Next? Timeline & Possibilities
Short-Term (Next 6 Months)
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Calcutta High Court will review Roy’s appeal. Grounds may include procedural irregularities, evidence reliability, or sentencing proportionality.
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Delay or confirmation here could lead to the Supreme Court hearing within a year.
Medium-Term (6–18 Months)
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The Supreme Court examines legal merit. Decisions may uphold the death sentence, commute it to life, or remand for reconsideration.
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A rejected petition initiates the mercy petition stage before the President.
Long-Term (18+ Months)
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If both SC and Presidential reviews uphold the sentence, only then could the execution be scheduled. Given historical delays, actual execution may remain years away.
Broader Reflections and Questions Raised
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Is capital punishment optimal for child rapists?
Those in favor argue for its deterrence value; critics point to better alternatives like life imprisonment plus rehabilitation and surveillance. -
How effective is the POCSO framework?
The act empowers fast trials and severe punishment, but persistent challenges remain—like trauma-sensitive courtroom settings, protection of child witnesses, and survivor rehabilitation. -
Support for the victim’s family?
Beyond monetary compensation, long-term support (legal aid, counseling, education) is vital. DLSA involvement is significant but not always sufficient.
Final Thoughts
The Haripada Roy case is emblematic of the darkest facets of violence against children: betrayal, brutality, and systemic failures. Legally, the conviction follows precedents treating such crimes as falling within the “rarest-of-rare” category, thus warranting the death penalty. But capital punishment remains contentious—symbolic of society’s anguish and desire for retribution, yet lodged within a framework of legal caution and humanitarian economics.
Ultimately, while the court’s swift action and harsh judgment offer a measure of closure, they also raise the enduring question: What does justice look like for survivors, families, communities—and society at large—when innocence is destroyed in daylight?
Recommended Additional Reading (Contextual Cases)
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Rajiv Ghosh case, Kolkata, Feb 2025 – 7-month-old victim, death sentence, ₹10 lakh compensation
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Chandini case, Kerala, 2023 – 5‑year‑old raped & murdered, death sentence
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Narayan Shah case, Bihar, 2025 – 10‑year‑old victim, life imprisonment via speedy trial
- Landmark Nirbhaya case, 2012–2020 – adult victim, death sentence executed, shaped national policy
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