Nagpur: The Nagpur bench of Bombay High Court on Wednesday commuted the death sentence of a Gadchiroli man, convicted for raping a woman and murdering her three-year-old son in 2017, holding the crime did not fall within the “rarest of rare” category.
A division bench comprising Justices Urmila Joshi Phalke and Raj Wakode converted the Dec 24, 2025, death sentence of Sanju Vishwanath Sarkar imposed by Aheri additional sessions court to life imprisonment. After sentencing Sarkar to death for murder, the Aheri court also awarded life imprisonment for rape, life imprisonment for attempted murder of the survivor and 10 years’ rigorous imprisonment for break-in. The incident came to light the following morning, when villagers found the woman seriously injured and the child dead on a bed. The survivor was taken to hospital, where she recounted her trauma after regaining consciousness. Police arrested Sarkar following an investigation. The prosecution relied on witness testimony, medical evidence and circumstantial evidence during the trial. Sarkar challenged his conviction and sentence before high court, while the state sought confirmation of the death penalty.
The case arose from an attack on the night of June 19, 2017, at Kanchanpur village of Mulchera taluka, Gadchiroli. It commuted the death sentence to life imprisonment and imposed a fine of ₹5,000 for murder. The court retained life imprisonment for rape, with a fine of ₹2,000, and awarded 10 years’ rigorous imprisonment for attempted murder, with a fine of ₹2,000. For unlawful entry into a house, it imposed 10 years’ rigorous imprisonment and a fine of ₹1,000.
After examining the case and arguments of prosecution led by govt pleader Sanjay Doifode, High Court concluded the crime did not meet the legal threshold for the “rarest of rare” cases. The woman was at home with her son while her husband was away in Andhra Pradesh. Sarkar, a neighbour, entered the house and sexually assaulted her. When the child woke up and began crying, Sarkar smothered him, while attacking the survivor when she tried to save her son.