MP High Court upholds death sentence in rape-murder of minor girl in Bhopal
Bhopal/Jabalpur: The Madhya Pradesh High Court has upheld the death sentence awarded to Atul Nihale, convicted in the rape and murder of a five-year-old girl in Bhopal in 2024.
A division Bench of Justices Vivek Agarwal and Ramkumar Choubey described the crime as a “barbaric act of a depraved mind” and categorised it as a “rarest of rare” case warranting the maximum punishment.
The Bench observed that the offence committed against a five-year-old child was “heinous” and “barbarous”. It noted the extreme violence involved and observed that the act justified the death sentence.
The incident occurred on September 24, 2024, in Bhopal’s Shahjahanabad area. The victim reportedly left home, telling her grandmother she would return shortly after fetching a book from a nearby anganwadi centre.
When she did not return, her family searched and later lodged a missing person complaint at the local police station. Sub-Inspector Anant Kumar Pandey registered an FIR (First Information Report) against unknown persons.
Two days later, on September 26, police reached Nihale’s flat in Bajpai Nagar, Eidgah Hills, after a foul odour was reported. Nihale’s mother Basanti Bai and sister Chanchal allegedly attempted to prevent the police from entering the flat, claiming the smell was due to dead rats and recent cleaning. The police later entered the premises and recovered the girl’s body from a plastic water tank in the bathroom.
The parents identified the body, which bore signs of violence, the prosecution stated.
Medical examination at AIIMS Bhopal recorded multiple injuries and concluded that the child had suffered sexual assault and homicidal death, the court noted. The post-mortem report also recorded that the body was in a state of decomposition, indicating a delay in recovery.
Nihale, a 30-year-old labourer with prior criminal cases, was arrested. His disclosure statement under the Bharatiya Sakshya Adhiniyam led to the recovery of clothes, a knife and other material evidence from his flat.
DNA analysis matched samples collected during the investigation, the court noted.
The Special Court in Bhopal convicted Nihale on March 10, 2025, under multiple sections of the Bharatiya Nyaya Sanhita (BNS) and the POCSO Act. The trial court awarded death sentences on three counts and imposed life imprisonment and other sentences under additional charges.
Co-accused Basanti Bai and Chanchal were acquitted by the trial court. The High Court, while hearing the appeal, dealt with Nihale’s conviction and sentence.
Upholding the punishment, the Bench rejected mitigating factors, including the convict’s socio-economic background and marital status, and noted his criminal antecedents. The court referred to precedents including Bachan Singh and Machhi Singh, and concluded that the brutality of the offence outweighed any scope for leniency.
