HC commutes death sentence on man who impregnated minor daughter

Madurai: Madras high court has commuted the death sentence awarded by a trial court to a man who sexually assaulted and impregnated his minor daughter in Tirunelveli district.According to the prosecution, the man sexually assaulted his minor daughter repeatedly in 2024. The incident came to light when the girl's mother found out that her daughter was pregnant. Police registered a case against the man for offences under the Pocso Act and subsequently arrested him. In 2025, the victim delivered a premature male child, and the child died the next day due to complications arising out of perinatal asphyxia.In Dec 2025, the special court for exclusive trial of cases under the Pcoso Act in Tirunelveli convicted and imposed death sentence on the man. The case was referred to the HC Madurai bench for confirming the trial court's sentence. The man also filed an appeal challenging the order.A division bench of justice G K Ilanthiraiyan and justice R Poornima observed that it is true that the aggravating circumstances arose in the present case since the penetrative sexual assault was committed by the father of the victim, failing in the most basic duty of care and trust. It would have caused psychological terror in addition to the physical violation. The motive of the accused reflects total depravity, and it cannot be excused both morally and legally. The victim experienced severe trauma, including forced pregnancy, medical risks, social stigma and loss of the most valuable relationship, which is the one that a child has with her father, the judges observed.The present case is not one of the ‘rarest of rare' cases where the court would find that life imprisonment is entirely inadequate, even if the accused is held guilty of the offences charged. Considering the facts and circumstances, the court finds that the imposition of the death sentence should be modified to a sentence of life imprisonment, the judges observed.The judges directed that the salary of the accused shall be transferred to a separate account opened in the name of the minor victim girl. The mother is permitted to withdraw the interest once every three months until the victim attains majority. The judges also directed the state to bear the educational expenses of the victim, and her studies shall continue without any interference.