While the court upheld his conviction for sexual assault, murder, concealment of evidence and criminal intimidation, it found the case did not meet the threshold for capital punishment.Taking into consideration that a death-row convict was treated as an outcast for marrying outside of his caste and the social isolation it may have caused, the Madhya Pradesh High Court commuted his death sentence for the sexual assault of a toddler. While doing so, the court emphasised that “human life is a precious gift of God”.A division Bench of Justices Vivek Agarwal and Avanindra Kumar Singh instead sentenced him to life imprisonment for at least 25 years without remission and observed that the convict had been “treated as an outcast in the society only on account of performing marriage in another caste”, and held that he could not be regarded as a continuing threat to society warranting the “rarest of rare” punishment.The Bench specifically relied on the fact that the convict had been socially ostracised after marrying outside his caste. “He is already treated as an outcast in society only on account of performing marriage in another caste,” the court observed, adding that there was “no evidence of him being a professional or habitual offender” and that he was “not a continuous threat to society.”The court consequently held that Dhimar “cannot be treated to be a menace to society requiring ‘rarest of rare’ punishment in the matter.” It added: “Human life is a precious gift of God, therefore in the facts and circumstances of this case and law laid by Hon’ble Supreme Court we find that life should not be taken away lightly from [the] appellant.”The Bench said the convict came from a “rural economically weaker background” and had family responsibilities. It also took into account his conduct while in custody. Referring to a report from the Assistant Superintendent of Sub-Jail, Budhar, the court noted that “he has not committed any act of indiscipline” during his incarceration.“These circumstances, coupled with the fact that appellant has no previous criminal antecedents and possibility of his reformation or/and rehabilitation at the age of 32 years cannot be ruled out,” the bench said.The Bench also drew attention to inconsistencies in the prosecution evidence. It noted that the DNA report showed that the victim’s lower garment, recovered from Dhimar’s house, matched the victim’s source swabs, but “no male DNA profile was found in [the] victim’s above articles”.Story continues below this adThe court also pointed to the prosecution’s failure to examine a potentially important child witness. Referring to the convict’s minor daughter, whose statement allegedly described her father slapping and throwing the victim to the floor, the court said: “This child eyewitness has not been examined before the trial Court.” It described her as “the best witness” who “could have thrown more light on the manner in which [the] incident took place”.While the court upheld his conviction for sexual assault, murder, concealment of evidence and criminal intimidation, it found the case did not meet the threshold for capital punishment. The judgment records that the child, aged two years and five months, was left in the convict’s custody while her mother went to collect coal. Her mother later discovered her with a skull fracture and injuries suggestive of sexual assault. The child passed away at a local hospital during treatment.Anand Mohan J is an award-winning Senior Correspondent for The Indian Express, currently leading the bureau’s coverage of Madhya Pradesh. With a career spanning over eight years, he has established himself as a trusted voice at the intersection of law, internal security, and public policy. Based in Bhopal, Anand is widely recognized for his authoritative reporting on Maoist insurgency in Central India. In late 2025, he provided exclusive, ground-level coverage of the historic surrender of the final Maoist cadres in Madhya Pradesh, detailing the backchannel negotiations and the "vacuum of command" that led to the state being declared Maoist-free. Expertise and Reporting Beats Anand’s investigative work is characterized by a "Journalism of Courage" approach, holding institutions accountable through deep-dive analysis of several key sectors: National Security & Counter-Insurgency: He is a primary chronicler of the decline of Naxalism in the Central Indian corridor, documenting the tactical shifts of security forces and the rehabilitation of surrendered cadres. Judiciary & Legal Accountability: Drawing on over four years of experience covering Delhi’s trial courts and the Madhya Pradesh High Court, Anand deconstructs complex legal rulings. He has exposed critical institutional lapses, including custodial safety violations and the misuse of the National Security Act (NSA). Wildlife Conservation (Project Cheetah): Anand is a leading reporter on Project Cheetah at Kuno National Park. He has provided extensive coverage of the biological and administrative hurdles of rewilding Namibian and South African cheetahs, as well as high-profile cases of wildlife trafficking. Public Health & Social Safety: His recent investigative work has uncovered systemic negligence in public services, such as contaminated blood transfusions causing HIV infections in thalassemia patients and the human cost of the fertilizer crisis affecting rural farmers. Professional Background Tenure: Joined The Indian Express in 2017. Locations: Transitioned from the high-pressure Delhi City beat (covering courts, police, and labor issues) to his current role as a regional lead in Madhya Pradesh. Notable Investigations: * Exposed the "digital arrest" scams targeting entrepreneurs. Investigated the Bandhavgarh elephant deaths and the impact of kodo millet fungus on local wildlife. Documented the transition of power and welfare schemes (like Ladli Behna) in Madhya Pradesh governance. Digital & Professional Presence Author Profile: Anand Mohan J at Indian Express Twitter handle: @mohanreports ... Read More Tags:bhopal