Rajasthan: 2 brothers sentenced to death for burning alive minor girl after rape

The judge also noted the case is one of the “rarest of the rare category” and therefore the accused does not deserve any leniency for the heinous crime

Two brothers were sentenced to death by a special Protection of Children from Sexual Offences (POCSO) Act court in Rajasthan’s Bhilwara district on Monday for gangraping a 14-year-old minor and burning her alive inside a coal furnace last August, said officials familiar with the matter.

Around 43 witnesses were also examined during the trial. (Representative file photo)

While handing down the death penalty, the special POCSO court II presided over by Judge Anil Gupta also noted the case is one of the “rarest of the rare category” and therefore the accused does not deserve any leniency for the heinous crime.

The special public prosecutor Mahaveer Singh Kishnawat stated, “The court has awarded the death penalty to both the prime accused Kalu Kalbeliya and his brother Kanha Kalbeliya. They had not only raped a minor for over four hours but also burnt her alive in a coal furnace in the village. I am grateful to the court and the judiciary for noting the case as a “rarest of the rare category” and pronouncing the highest punishment for them.”

Around 43 witnesses were also examined during the trial, said officials.

However, the court on Saturday also acquitted the other seven accused in the case who were charged with helping the accused in distorting evidence following the incident.

“The reason of their acquittal will come to the fore once the order copy comes. However, we will precisely challenge the decision in the high court,” said Kishnawat.

The minor girl from Bhilwara’s Kotri was gangraped on August 2 and her charred body was found from a coal furnace the next day, said a police official familiar with the matter.

Deputy superintendent of police (DSP), Kotri Shyam Sundar Bishnoi said that a total of 11 people including two minors were arrested in the case for their alleged involvement.

“Two prime accused, caretakers of the furnace, abducted the girl when she had gone to graze the cattle on August 2 night. The two brothers raped her repeatedly for over four hours. Later, they called their wives, mother, and other aides who threw the minor girl alive in the coal furnace early morning the next day. Following the incident, they also collected a few parts of the minor girl’s body and threw them in a well close to the furnace to destroy the evidence,” said DSP Bishnoi.

Police had filed a 473-page long chargesheet against the 11 accused on September 3.

“While the hearing of nine accused had been going on in the special POCSO court, the two minors are being heard separately,” said officials.

A case was filed against two prime accused Kalu and Kanha under sections 376 (rape), 376D (gang-rape), 302 (murder) of Indian Penal Code (IPC) along with necessary sections of the POCSO Act while other nine were also booked under sections 201 (distortion of evidence), 326 (voluntarily causing grievous hurt), 120B(party to criminal conspiracy), 118 (Concealing design to commit offence) of IPC and also necessary sections of the POCSO Act.

Meanwhile, the minor girl’s mother welcomed the verdict.

“My daughter got justice today. I couldn’t eat properly in the last few months. Now I will have food with peace”, she said.

Former Rajasthan chief minister Ashok Gehlot hailed the verdict.

“The court’s decision sentencing death penalty to the accused of rape and murder of a minor in Bhilwara’s Kotri in August 2023 is absolutely welcoming. During the incident, our government took immediate action against the accused and arrested them. The ADG Crime was also sent to the spot and the case was taken up under the Case Officer Scheme. The charge sheet of this case was also filed within a month. The culprits were now convicted within 10 months”, he wrote on his official X account.