The Punjab and Haryana High Court, sitting in a packed courtroom in Chandigarh, delivered a closely reasoned verdict in a chilling case involving the rape and murder of a five-year-old girl from Palwal district. The Bench, while examining the State’s plea for confirmation of the death sentence, re-evaluated every link in the prosecution’s chain, from CCTV footage to forensic reports, before reaching its conclusion.
Background
The case arose from a May 2018 incident in village Asawati, Haryana. The trial court had convicted Virender alias Bholu, a daily-wage worker known to the child’s family, for kidnapping, rape, murder, and destruction of evidence, awarding him the death penalty. His mother, Kamla Devi, was sentenced to seven years’ rigorous imprisonment for conspiracy and helping conceal the body.
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The Sessions Court sent the matter to the High Court as a death reference, while both convicts filed separate appeals challenging their convictions and sentences.
Court’s Observations
The Division Bench of Justice Anoop Chitkara and Justice Sukhvinder Kaur took the courtroom through the evidence step by step. The judges noted that the child’s age, the fact of sexual assault, and homicidal death were beyond dispute. Witnesses had consistently spoken about the child last being seen with Virender, and villagers had recovered her body from a drum kept inside the accused’s house.
However, the Bench paused on the electronic evidence. CCTV footage from a nearby school had shown Virender walking with the child, but the court found serious gaps in how the digital evidence was handled. The mandatory certificate under Section 65B of the Evidence Act, the judges said, was not issued by a person who actually controlled or maintained the CCTV system.
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“The court cannot ignore procedural safeguards, even in the most disturbing cases,” the Bench observed, adding that faulty handling of electronic records weakens their legal value. On forensic evidence too, the judges noted that while the victim’s DNA was found on objects recovered from the house, it did not directly link to the accused in the manner claimed by the prosecution.
As for Kamla Devi, the court found that her alleged disclosure statement did not lead to any new discovery. Since the body had already been found, her statement could not legally strengthen the prosecution case.
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Decision
After weighing all circumstances, the High Court declined to confirm the death sentence. Virender’s conviction for serious offences was upheld, but the extreme penalty was modified in view of evidentiary lapses, particularly concerning electronic proof. Kamla Devi was given the benefit of doubt on the charge of conspiracy, leading to partial relief in her appeal.
The judgment underscores that even in heinous crimes, courts must strictly follow rules of evidence and procedure, as justice cannot rest on emotion alone.
Case Title: State of Haryana vs. Virender @ Bholu & Another
Case No.: MRC-2-2020; CRA-D-346-2020; CRA-S-1306-2020
Case Type: Death Reference with Criminal Appeals (Rape and Murder of Minor)
Decision Date: 24 December 2025
