In a decision that has left Mumbai and the entire nation in a state of shock, a POCSO court has delivered a historic verdict by sentencing a transgender individual to death. This unprecedented ruling was for the kidnapping, brutal rape, and murder of a three-month-old girl, a crime that was shockingly committed over a dispute regarding 'bakshish'. This marks one of the rare moments when capital punishment has been meted out for offenses under the Protection of Children from Sexual Offences Act (POCSO), underscoring the horrific nature of the crime.

The chilling verdict was announced on Tuesday, 27th February, by the Mumbai court against a 24-year-old transgender person. The crime, committed in the Cuffe Parade area of Mumbai in 2021, has been described by the court as the "rarest of the rare," a phrase that highlights the extreme barbarity and inhumanity of the act. Aditee Kadam, the special judge presiding over the POCSO court, made the grave pronouncement, reflecting the severity of the crime and the judicial system's stance against such heinous acts.

Central to this horrifying case is an individual named Chougule, who has been found guilty of kidnapping, raping, and murdering an innocent infant. The arrest and subsequent trial of Chougule under the stringent guidelines of the POCSO Act brought to light the calculated and deliberate nature of this crime. It was revealed that the motive behind such a monstrous act was not only to commit the crime itself but also to instill a deep-seated fear within the community, a revelation that has compounded the shock and horror felt by people across the country.

As the courtroom hung in silence, Special Judge Aditee Kadam delivered a verdict that echoed the collective horror of a nation. She solemnly stated, "Life sentence is a rule, and death sentence is an exception, only to be awarded in the rarest of rare cases. This crime smacks of the degradation of a girl child, depravity, and perversity. The barbaric and inhuman manner in which the offence was committed has made it the ‘rarest of rare cases’.” The gravity of her words underscored the sheer monstrosity of the act, as she further explained, "The accused had planned in advance to commit the crime and executed it in a meticulous manner," revealing a premeditated cruelty that chilled the bones of all who heard.

The investigation into this appalling crime shed light on a chilling narrative. The accused had approached the family of the infant under the guise of tradition, requesting a gift of a saree, coconut, and Rs 1,100 to bless the newborn child. This request was said to be a common practice among certain segments of the transgender community. Tragically, the family's inability to comply, due to financial constraints exacerbated by the COVID-19 pandemic, sparked a vendetta that led to unthinkable horror. On the 8th of July, 2021, fueled by resentment, the accused abducted the sleeping infant, subjected her to rape, and ultimately drowned her in a nearby creek, an act of brutality that defies comprehension. A co-accused was implicated in aiding the heinous act, though they were later acquitted of all charges by the judge.

The court relied on circumstantial evidence, as there were no eyewitnesses to the abduction of the child from her home at night on July 8, 2021. The evidence included the statements of the family and two neighbours, who said they saw the accused carrying a “bundle” on his shoulder around 2 am.

The detailed account of the crime, as elucidated by Judge Kadam, paints a picture of calculated evil and heartless execution that has left the community and the nation at large in a state of shock and mourning.

The day after the unthinkable crime, the remains of the innocent child were found in a marshy area near a creek, alarmingly close to her home. This discovery was led by the confession of the accused. A local fisherman, who became an unintended witness to this tragedy, encountered the infant's body while at Sassoon Dock around 2 a.m. The girl’s mother, in her distressing complaint, shared a haunting interaction: “The accused had come to the house around 8 p.m. asking for bakshish (gift) in the form of a 9-yard saree, coconut, and 1,100 on the birth of a girl child. We did not give him anything. While leaving, he threatened us that he would do something in five-six days which would make him famous.”

Amidst the trial, the defense sought leniency, drawing attention to the accused's background, highlighting the absence of a criminal history, and portraying them as an uneducated transgender individual reliant on public donations. The defense lawyer made a plea to the court to consider the personality of the accused, pointing to their age, character, circumstances, and a professed readiness to rehabilitate. This argument aimed to mitigate the severity of the punishment, presenting the accused in a light that suggested potential for change.

However, the prosecution's case, built on the undeniable horror and brutality of the crime, coupled with its devastating effect on the community, held more weight. The narrative presented by the prosecution left no room for doubt about the gravity of the offence, leading to a verdict that stands as a stark reminder of the consequences of such barbaric acts. The court, faced with the task of delivering justice, had to balance the accused's personal history against the sheer inhumanity of the crime, ultimately concluding that the nature and impact of the act were too heinous to overlook.

“The accused had the intention to create terror in the area and become notorious by his name so that no one would dare to deny him gifts. The victim, who was totally defenseless, had severe genital injuries caused by penetration. The act of the accused showed extreme cruelty,” said Aditee Uday Kadam, the special POCSO judge.

In a statement that resonates with the profound horror elicited by the crime, the court expressed a sentiment that encapsulates the collective fear and anguish of every parent, especially those residing in impoverished areas. "It is a crime that would send a chill down the spine of every parent of a girl child, especially in a poor vicinity. The perversity in the mind of the accused is apparent when a budding infant/girl child is exterminated in a very ghastly and shocking manner, the social fabric gets permanently damaged beyond repair." This observation highlights the deep and irreversible impact such a heinous act has on the community, tearing at the very fabric of society with its brutality and senseless violence.

The court's remarks continued to underscore the unprovoked nature of this vile act, emphasizing the innocence of the victim and the lack of any conceivable justification for the crime. "The accused committed the murder of an infant who was only three months old and even her family had no previous enmity with him. There was absolutely no provocation on their part to instigate the accused to take the life of an infant and to commit such a gruesome offence with her." This further amplifies the senseless and unprovoked cruelty of the accused, leaving a community in mourning and a family shattered by an irreplaceable loss.

In the wake of this tragedy, the victim's father shared his feelings on the judicial process and its outcome. He found some solace in the swift proceedings and the court's decision, stating, “The trial progressed quickly, and we are satisfied with the decision. Justice has been delivered.” This sentiment, echoed by the father, underscores a bittersweet closure for the family, who endured the unimaginable loss of their child. Public prosecutor RV Tiwari, representing the aggrieved family, played a pivotal role in navigating the complexities of the case, ensuring that the voice of the innocent was heard and justice was served in a court of law.

The special public prosecutor submitted that on July 8, 2021, the baby was put to bed by her mother around 9.30 pm. The family left the door of their home open because of the heat in the slum where they lived. The mother woke up around 1 am and fed the baby. Around 3 am, she woke up again and found the child missing. The family searched the area and then informed the police. The next day, the family named the accused in their additional statement, recounting the incident from the previous day, including the “threat”. The police interrogated the accused and claimed he took them to the spot on the evening of 9 July 2021, where the body of the baby was found. The police claimed medical evidence revealed the child was raped, then thrown in a swampy area, to destroy evidence, where she drowned and died.

The court said that the case clearly fell in the category of “rarest of rare” and that there was no reason to show mercy. “The accused murdered an infant who was only three months old and had no enmity with him or his family. There was no provocation from their side to incite the accused to kill the infant and to commit such a heinous offence with her…,” the court said.

“We will make sure he is hanged till death,” says the infant’s grandmother Indu Chitakote echoing the sentiments of her entire family. husband Chandrakant Chitakote, son Sachin Chitakote and daughter-in-law Jyoshna and daughter Sarika who collectively heaved a sigh of relief with the judgement in their favour but are all ready to fight it out should the legal battle continue.

In a turn of events within this harrowing case, the court acquitted a co-accused, citing a lack of sufficient evidence to conclusively prove their involvement in the crime beyond a reasonable doubt. This decision highlights the complexities and challenges inherent in the legal process, especially in cases involving multiple suspects.

The verdict has sparked a wide array of reactions across various segments of society, underscoring the multifaceted nature of public opinion regarding capital punishment, the protection of children, and the rights and treatment of transgender individuals. The range of responses reflects the deep divisions and ongoing debates surrounding these critical issues.

On one side, there are those who have praised the court's decision as a bold and necessary action in the fight against child abuse, viewing the harsh sentence as a deterrent to potential offenders. This perspective underscores a collective demand for justice and the protection of the most vulnerable members of society from such unthinkable acts.

Conversely, there is a call from others for a more nuanced understanding and approach to addressing the root causes of such crimes. This includes a focus on the broader social challenges, such as poverty, systemic discrimination, and the marginalization of transgender individuals, which may contribute to the perpetration of such acts. The argument here is for a comprehensive strategy that not only punishes offenders but also tackles the underlying issues that lead to crime, thereby preventing future tragedies.

This divergence of views reflects the complexity of balancing justice for the victims with a broader societal dialogue on prevention, rehabilitation, and the protection of human rights for all, including marginalized communities.