Crime Hoshiarpur

Hoshiarpur court awards death penalty in five-year-old boy's murder

A fast-track special court in Hoshiarpur, Punjab, on Friday sentenced Nanke Yadav alias Radhe Sham, a 33-year-old migrant labourer from Uttar Pradesh, to death for the sexual assault and murder of a five-year-old boy. Additional Sessions Judge Manpreet Kaur called it a case of the "rarest of rare". He also received 20-, 10-, seven- and five-year terms under BNS and POCSO sections. The parents were awarded Rs 5 lakh compensation. The Punjab and Haryana High Court must confirm the sentence.

Source

Indian Express — Cities · read the original report ↗

#death sentence#pocso#child murder#hoshiarpur#court verdict

Desk check · compared with the source

What the desk checked (5)
  • A fast-track special court in Hoshiarpur sentenced Nanke Yadav alias Radhe Sham, 33, of Gonda district, UP, to death under Section 103 BNS. — Attributed in source to Additional Sessions Judge Manpreet Kaur's order; sentence details appear in source.
  • Additional sentences of 10 years, seven years, 20 years and five years under BNS and POCSO sections, running concurrently, with Rs 5,000 fine under each section. — Figures appear in the source as reported court order details.
  • Rs 5 lakh compensation awarded to the child's parents under the Punjab Victim or their Dependents Compensation Scheme, 2011. — Figure and scheme name appear in source; no separate official document cited.
  • The boy went missing on September 9, 2025 after visiting a gurdwara in Mohalla New Deep Nagar with his nine-year-old sister; body found next morning near a cremation ground in Rahimpur. — Attributed to complainant's counsel Ashwani K Verma.
  • Conviction was recorded on September 15, 2026, and the death sentence requires confirmation by the Punjab and Haryana High Court. — Dates as printed in source; the 2026 conviction date is internally inconsistent with the Friday sentencing framing and should be verified before publication.

Analysts’ view opinion

AI Legal Analyst

This is a fast-track special court sentence under the BNS and POCSO — the first step in a process, not the last word. The court's invocation of the "rarest of rare" standard traces back to settled Supreme Court doctrine, but that finding must now be independently examined by the High Court. As the trial court itself noted, no death sentence in India can be carried out without High Court confirmation.

  • A trial court death sentence is subject to mandatory confirmation, in which the High Court re-examines both the conviction and the quantum of sentence, not merely the paperwork.
  • The story records that the convict was informed of his right to appeal within 30 days — a due-process safeguard that carries particular weight in capital cases.
  • Notably, the conviction is under the BNS, so as one of the early capital sentences under the new penal code it could raise fresh questions of interpretation on appeal.
  • The separate POCSO sentences run concurrently and would become the operative punishment if the death sentence were to be commuted at a higher stage.
  • The Rs 5 lakh compensation under the Punjab victim compensation scheme is a distinct statutory victim-rights measure, not a substitute for or component of the sentence.

What to watch — Watch when the confirmation reference reaches the Punjab and Haryana High Court, and how it weighs the "rarest of rare" characterisation against the convict's individual circumstances.

The story does not set out the full text of the judgment, the evidence the court relied on, how mitigating factors were treated, or the defence's own case.

Deep dive

Research brief · 8 facts · 6 dates · exam-ready

The brief

Context

A fast-track special court in Hoshiarpur, Punjab, has awarded the death penalty to Nanke Yadav alias Radhe Sham, a 33-year-old migrant labourer from Gonda district, Uttar Pradesh, for the abduction, aggravated sexual assault and murder of a five-year-old boy in September 2025. The child went missing after visiting a gurdwara in Mohalla New Deep Nagar with his nine-year-old sister; his body was found the next morning near a cremation ground in Rahimpur. The trial was conducted under the Bharatiya Nyaya Sanhita (BNS) and the POCSO Act, and the sentence was pronounced by Additional Sessions Judge Manpreet Kaur, who called it a case of the "rarest of rare". Under Indian law, a death sentence handed down by a sessions court has no effect until confirmed by the High Court — here, the Punjab and Haryana High Court.

Key facts

  • Nanke Yadav alias Radhe Sham, 33, a migrant labourer from Gonda district, Uttar Pradesh, was sentenced to death under Section 103 of the Bharatiya Nyaya Sanhita.
  • Additional Sessions Judge Manpreet Kaur of the Hoshiarpur fast-track special court described the case as one of the "rarest of rare".
  • Additional sentences: 10 years' rigorous imprisonment under BNS Section 140(1), seven years under BNS Section 238, 20 years under POCSO Section 6 and five years under POCSO Section 10.
  • All sentences will run concurrently, with a fine of Rs 5,000 imposed under each section.
  • The parents of the deceased child were awarded Rs 5 lakh compensation under the Punjab Victim or their Dependents Compensation Scheme, 2011.
  • The offence took place on September 9, 2025, when the boy went missing after visiting a gurdwara in Mohalla New Deep Nagar, Hoshiarpur, with his nine-year-old sister.
  • The accused allegedly lured the boy away on the pretext of helping him push his toy two-wheeler; the body was recovered from bushes near a cremation ground boundary wall in Rahimpur the next morning.
  • Police arrested Yadav within 24 hours of the FIR registered at Industrial Focal Point Purhiran police station on September 10, 2025.

Timeline

  1. September 9, 2025The five-year-old boy goes missing after visiting a gurdwara in Mohalla New Deep Nagar, Hoshiarpur, with his nine-year-old sister; he is allegedly lured away by the accused.
  2. Next morning (September 10, 2025)The child's body is recovered from bushes near the boundary wall of a cremation ground in Rahimpur.
  3. September 10, 2025FIR registered at Industrial Focal Point Purhiran police station on the statement of the boy's father.
  4. Within 24 hours of FIRPolice arrest Nanke Yadav alias Radhe Sham, then living in the New Sabzi Mandi area of Hoshiarpur.
  5. September 15, 2026Court convicts Yadav of abduction, aggravated sexual assault and murder; order on quantum of sentence reserved for September 18.
  6. Friday (sentencing day)Court awards death sentence plus concurrent prison terms and Rs 5 lakh compensation to the parents; Yadav informed of his right to appeal within 30 days.

Who has a stake

  • Nanke Yadav alias Radhe Sham (convict) — Sentenced to death; has been informed of his right to appeal against the conviction and sentence within 30 days.
  • Parents of the deceased five-year-old — Awarded Rs 5 lakh compensation under the Punjab Victim or their Dependents Compensation Scheme, 2011; the father's statement led to the FIR.
  • Hoshiarpur fast-track special court (ASJ Manpreet Kaur) — Tried and sentenced the case under BNS and POCSO provisions, terming it "rarest of rare".
  • Punjab and Haryana High Court — The death sentence cannot be executed unless confirmed by the High Court.
  • Punjab Police (Industrial Focal Point Purhiran police station) — Registered the FIR and arrested the accused within 24 hours, forming the basis of the prosecution.
  • Complainant's counsel Ashwani K Verma — Presented the case details, including the sequence of the incident and the appeal window.

Why it matters

The verdict shows how fast-track special courts and the POCSO Act are being used alongside the new Bharatiya Nyaya Sanhita to try child sexual offences, and how courts apply the "rarest of rare" test in awarding capital punishment. It also highlights statutory victim compensation as part of criminal justice outcomes, not just punishment. Crucially, the sentence remains inoperative until the Punjab and Haryana High Court confirms it, underlining the layered safeguards built into death penalty cases.

UPSC angle

Prelims pointers

  • Section 103 of the Bharatiya Nyaya Sanhita deals with the offence for which the death sentence was awarded (murder) in this case.
  • POCSO Act Section 6 (aggravated penetrative sexual assault) drew 20 years; Section 10 drew five years in this case.
  • A death sentence passed by a sessions court requires confirmation by the High Court before execution — here, the Punjab and Haryana High Court.
  • Punjab Victim or their Dependents Compensation Scheme, 2011 — under which Rs 5 lakh was awarded to the child's parents.
  • "Rarest of rare" is the judicial test cited for imposing the death penalty; ASJ Manpreet Kaur invoked it here.
  • Convict informed of the right to appeal against conviction and sentence within 30 days.

Mains framing

The Hoshiarpur case illustrates both the strengths and the unresolved questions of India's response to grave child sexual offences. On the enforcement side, the sequence was quick — FIR on September 10, 2025 based on the father's statement, arrest within 24 hours, and trial in a fast-track special court leading to conviction for abduction, aggravated sexual assault and murder, followed by a death sentence under BNS Section 103 with concurrent terms under BNS Sections 140(1) and 238 and POCSO Sections 6 and 10. The court's characterisation of the crime as "rarest of rare" reflects the judicial doctrine that capital punishment is reserved for exceptional cases, while the mandatory confirmation requirement before the Punjah and Haryana High Court and the convict's 30-day right of appeal show that finality is deliberately deferred through appellate scrutiny. The award of Rs 5 lakh under the Punjab Victim or their Dependents Compensation Scheme, 2011 signals a shift from purely punitive justice towards restorative support for victims' families. Larger issues worth debating in an answer include the deterrent value versus the certainty of punishment, the vulnerability of children in dense urban neighbourhoods and among migrant populations, the need for child-friendly investigation and speedy trials as POCSO envisages, and strengthening victim compensation and rehabilitation mechanisms across states.

Key terms

Bharatiya Nyaya Sanhita (BNS)
India's criminal code under which the convict was sentenced, including Section 103 (death sentence here) and Sections 140(1) and 238.
POCSO Act
Protection of Children from Sexual Offences Act; Section 6 brought 20 years and Section 10 five years in this case.
Fast-track special court
A dedicated court for speedy trial of specified offences; the Hoshiarpur court that tried and sentenced this case.
Rarest of rare
The judicial standard cited by the court to justify awarding the death penalty in exceptional cases.
Confirmation by High Court
A death sentence cannot be executed unless confirmed — here, by the Punjab and Haryana High Court.
Punjab Victim or their Dependents Compensation Scheme, 2011
State scheme under which Rs 5 lakh compensation was awarded to the deceased child's parents.

Practice questions

  1. Discuss the judicial doctrine of "rarest of rare" in awarding the death penalty, with reference to the safeguard of High Court confirmation of capital sentences.
  2. Examine the role of fast-track special courts and the POCSO Act in ensuring speedy justice in cases of sexual offences against children. What challenges remain?
  3. Victim compensation schemes are increasingly part of criminal justice outcomes in India. Evaluate their significance using the Punjab Victim or their Dependents Compensation Scheme, 2011 as an example.

Grounded only in the source report — figures and dates are the source's, not inferred.

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