Terming the case “rarest of the rare,” Additional Judge S R Salunkhe rejected the defence’s plea for leniency based on age, noting the accused Bhimrao Kamble's history of violence, stating his depravity shocked the conscience of the judiciary and society.
Chief Minister Devendra Fadnavis welcomed the verdict, asserting that such criminals have no right to live in society.
Lauding the police and prosecution for investigating the case in record time, he added that the judgment reflects a strong commitment to justice.
As the judge pronounced the capital punishment, the victim's family broke down in court.
The court had convicted the accused on June 25, within sixty days of the crime, which took place on May 1.
Kamble was accused of luring the young girl with the promise of snacks and showing her a newborn calf in Nasrapur village in Pune district. He took her to a shed near a cattle barn, subjected her to sexual and unnatural assault, and subsequently murdered her by gagging her and inflicting chest injuries.
"The offence was committed outrageously and involved inhuman treatment and torture of the victim. The victim was an innocent, helpless child. The murder was committed to satisfy lust, which evidences total depravity. It was a cold-blooded murder without provocation. The crime was committed so brutally that it shocks not only the judicial conscience but even the conscience of society," Judge Salunkhe observed.
The prosecution had sought the death penalty in the case, arguing that Kamble was "beyond reform" and had prior offences involving a 62-year-old woman, a 17-year-old girl, and an animal.
The defence cited his age and denial of the crime as mitigating factors.
The court, however, held that Kamble's age was an aggravating factor rather than a mitigating one.
"The thirst for lust of the accused is not extinguished even at such an age. Rather, it has reached a very dangerous stage. The injuries noted on the body of the victim reflect the inhuman behaviour of the accused with a child of just three years," the judge stated.
He further observed that whatever the accused wanted to do with the child, he did "fearlessly, most violently and without bothering about consequences, because he had prior experience that even if prosecuted, nothing would happen in court".
Judge Salunkhe noted that despite stringent punishments and special courts enacted after the Nirbhaya case to ensure speedy trials in crimes against children, "such incidents continue and the collective conscience of society remains shocked".
Talking to reporters, special public prosecutor Ajay Misar termed the ruling "landmark," stating that the prosecution successfully relied on 12 Supreme Court precedents to establish the "rarest of the rare" criteria.
"The accused committed the offence in a cold-blooded and calculated manner. The prosecution argued that the accused does not deserve any mercy. This was an exceptionally heinous crime. The victim was sexually assaulted even after her death," he said.
During the trial, the court recorded the statements of 10 witnesses, including children, in a single day, he said.
The prosecution proved all charges, including kidnapping, molestation, rape and murder, along with offences under the Protection of Children from Sexual Offences (POCSO) Act.
Meanwhile, Deputy Chief Minister Eknath Shinde said the verdict sends a strong message to those who sexually assault children.
Shinde lauded the police department, the Superintendent of Police, and the entire investigating team for working tirelessly to gather strong evidence, which led to the fast-track court handing down capital punishment in a short span.
Deputy Chief Minister Sunetra Pawar said that the historic judgment has strengthened people's faith in the judiciary and ensured justice to the victim's family.
Such "cruel and perverted" offenders have no place in society, she said, asserting that the verdict would reinforce the deterrent effect of the law and discourage similar crimes.
The government would continue to take the strictest possible measures to ensure the safety of women, girls and children, Pawar said.
