Delhi High Court commutes death sentence of man convicted for kidnapping, murdering minor

New Delhi: The Delhi High Court on Monday commuted the death sentence handed to a man for kidnapping and murdering a 12-year-old neighbour in 2009, to 20 years of rigorous imprisonment without remission.

A trial court in 2020 – 11 years after the commission of crime – handed the death sentence to the convict Jeevak Nagpal observing that the act was cruel and gruesome and did not deserve "leniency".

Nagpal was 21 when he murdered the boy and 32 when convicted.

A division bench of Justices Mukta Gupta and Anish Dayal commuted the convict's death sentence, however, said that no remission will be granted.

“The sentence of the appellant is thus modified to rigorous imprisonment for life with no remission till 20 years and to pay a fine of Rs 1 lakh, in default whereof, to undergo simple imprisonment for six months for offence punishable under Section 302 IPC," the bench said.

It added: "Sentences as awarded by the trial court for offences punishable under Sections 364A, 201 and 506 IPC are not modified and will remain the same."

The court disposed of Nagpal's appeal upholding the conviction by commuting the death sentence.

Nagpal was convicted for offences under Sections 302, 364A, 201 and 506 of the Indian Penal Code.

“The appellant was enrolled in the Chartered Accountant Course. There is no previous criminal history either of the appellant or his family members. On psychological assessment of the appellant, no such ailment or past history has been found. As per the Nominal Roll, the jail conduct of the appellant is satisfactory except for one jail punishment dated 15th July, 2020," the court noted.

"In the jail, appellant is working as a Sahayak at the legal office. Thus it cannot be said that the option of life sentence is unquestionably foreclosed as the appellant is capable of being reformed,” it further noted.

The court while commuting Nagpal's penalty, held that even though the offence of kidnapping of the minor for ransom was committed in a preplanned manner, the murder was not planned.

Nagpal was convicted for murdering the minor by causing injuries with the jack handle of his car and later smothering him and throwing the body in a dry drain.