Chhattisgarh High Court.
Korba Rape-Murder Case: Bilaspur, Chhattisgarh – June 30, 2025 – In a highly anticipated judgment, the Chhattisgarh High Court last week commuted the death sentences of five men convicted in the horrific 2021 Korba gangrape and murder case. While upholding their conviction for the brutal gangrape and murder of a 16-year-old girl and the slaying of her father and 4-year-old niece, a bench comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru noted that the trial court had failed to adequately consider the possibility of the convicts’ reform and rehabilitation.
The High Court’s decision, which has drawn significant attention, underscores a nuanced approach to capital punishment, emphasizing that even in crimes that “shock the conscience,” the “rarest of rare” doctrine requires a thorough examination of all mitigating circumstances, including the potential for reformation.
“It has only taken into consideration the crime and the manner in which it was committed and has not given effective opportunity of hearing on the question of sentence to the appellants,” the bench observed, pointing to a procedural lapse in the trial court’s sentencing phase.
The Court acknowledged the extreme brutality of the crime, stating, “While the brutal murder and rape of 16-year-old minor and two of her relatives (father and 4-year-old niece) shocks the conscious of the society at large, but there is no evidence on record that the convict/appellants cannot be reformed or rehabilitated.” The division bench further noted, “Though the appellants have committed the offence of murder of three innocent persons out of which one was a minor girl of about 16 years and other was a minor girl of about 4 years. The minor girl aged 16 years was brutally raped before she was done to death which is barbaric, inhuman, heinous and extremely brutal. The murder has been done in a brutal manner by smashing the heads with stones. These are the incriminating circumstances, but there is no evidence on record that the convict/appellants cannot be reformed or rehabilitated. No criminal antecedents have been shown against them.”
Considering the age of the appellants and after thoughtful deliberation, the bench ultimately opined that the death penalty was not warranted in the specific facts and circumstances of the case, as it did not fall into the ‘rarest of rare case’ category. Instead, the Court determined that imprisonment for the remainder of their natural lives would be “completely adequate and would meet the ends of justice.”
Brief Facts of the Korba Gangrape Murder Case
The accused individuals — Santram Majhwar (49), Abdul Jabbar (34), Anil Kumar Sarthi (24), Pardeshi Ram (39), and Anand Ram Panika (29) — were convicted by a fast-track court in Korba in January of this year. They faced charges under Sections 302 (murder), 376(2)G (gangrape) and other sections of the Indian Penal Code (IPC), along with provisions of the SC-ST Act and the Protection of Children from Sexual Offences (POCSO) Act. Another accused, Umashankar Yadav (26), had been sentenced to life imprisonment by the trial court.
As per the prosecution’s case, the deceased victims, along with their entire family, had been residing at the house of appellant Santram Manjhwar, where they were employed to graze his cattle. The agreement stipulated an annual payment of ₹8,000 and 10 kg of rice per month. However, Manjhwar allegedly failed to pay the full dues for the year, providing only ₹600 for cattle grazing and the stipulated 10 kg of rice per month. This led the victim’s family to decide to return to their native village.
On the fateful day of January 29, 2021, when the deceased persons were at the bus stand, appellant Manjhwar, in conspiracy with his accomplices and other accused, approached them. He offered to drop the victims on their motorcycles. Subsequently, they took the victims to a secluded location. Under a pre-planned conspiracy, the 16-year-old victim (‘B’) was taken to the incident site and raped. When her father (‘A’) attempted to intervene, he was brutally beaten with sticks and stones, leading to his death. The victim ‘B’ was also assaulted with stones and left for dead. Tragically, the 4-year-old niece (‘C’) was also killed by being slammed against a stone.
Chhattisgarh High Court’s Final Decision
In dealing with both the court reference for confirmation of the death sentence and the appeals filed by the convicts, the Chhattisgarh High Court meticulously appreciated the entire ocular and medical evidence on record. The bench concluded that the accused were indeed the perpetrators of the heinous crimes.
However, in a partial allowance of their appeals, the court commuted their death sentences to life imprisonment. The High Court emphasized that rather than applying a rigid classification of offenses that warrant a death sentence, courts must focus on a comprehensive consideration of aggravating and mitigating circumstances. This approach, the bench stressed, leads to an individualized sentencing outcome on a case-to-case basis, ensuring that the death penalty remains reserved for only the “rarest of rare” cases where there is no possibility of reform or rehabilitation.
Case Title: In Reference Of State Of Chhattisgarh vs. Santram Manjhwar and connected appeals.
