Punjab & Haryana High Court Confirms Death Sentence for Rape and Murder of Five-Year-Old Child; Holds Circumstantial Evidence and Scientific Proof Form a Complete and Unbroken Chain
Case Name: State of Haryana v. Virender @ Bholu; Kamla Devi v. State of Haryana
Date of Judgment: 23 December 2025
Citation: MRC-2-2020 with connected criminal appeals
Bench: Hon’ble Mr. Justice Anoop Chitkara and Hon’ble Ms. Justice Sukhvinder Kaur
Held: The Punjab and Haryana High Court accepted the death reference and confirmed the death sentence awarded to the principal accused for the rape and brutal murder of a five-year-old girl. The Court held that the prosecution had proved an unbroken chain of circumstances leading only to the guilt of the accused, leaving no hypothesis of innocence. The crime was held to fall squarely within the “rarest of rare” category, warranting capital punishment. The Court also dismissed the appeal of the co-accused mother, upholding her conviction for criminal conspiracy and causing disappearance of evidence.
Summary: The case arose from the rape and murder of a five-year-old child who was last seen in the company of the accused Virender, an employee of the victim’s father. The prosecution case rested entirely on circumstantial evidence, supported by medical, forensic, and scientific material. The High Court undertook an exhaustive scrutiny of each incriminating circumstance and assessed whether the cumulative effect satisfied the standard required for conviction and imposition of the death penalty.
The Court found it conclusively established that the child had accompanied the accused, was last seen with him shortly before her disappearance, and that false explanations were offered by him when questioned by the family. Independent witnesses and CCTV footage showed the accused leading the child towards his house. The victim’s body was later recovered from a drum concealed within the compound of the accused’s house, establishing exclusive control over the place of concealment.
Medical evidence unequivocally proved rape and homicidal death, while forensic evidence linked the victim’s DNA to the drum and surrounding material recovered from the accused’s premises. The Court carefully examined the admissibility of electronic evidence and held that even excluding portions of the CCTV evidence due to technical infirmities under Section 65B of the Evidence Act, the remaining ocular, medical, and scientific evidence independently completed the chain of guilt.
The Court rejected the defence contention that absence of semen or DNA linkage between the accused and the victim weakened the prosecution case, holding that sexual assault can be proved by medical findings and circumstantial evidence even in the absence of seminal traces. The explanation regarding injuries on the accused was also found unconvincing.
With respect to the co-accused Kamla Devi, the Court held that although her disclosure statement was inadmissible, her conduct in obstructing search, switching off electricity, and facilitating concealment of the body established her role in the conspiracy and in causing disappearance of evidence.
On the question of sentence, the Court applied the principles governing capital punishment and held that the crime displayed extreme depravity, brutality, and breach of trust against a defenceless child. The nature of the offence, manner of commission, and absence of mitigating circumstances led the Court to conclude that life imprisonment would be wholly inadequate.
Decision: The death reference was answered in the affirmative. The death sentence awarded to the accused Virender @ Bholu was confirmed. The criminal appeals filed by both accused were dismissed, and the convictions and sentences imposed by the trial court were upheld in entirety.