HM Journal

Commuting Death Sentence into Life Imprisonment

Facts

That appellant convicted under 302, 376, 364, 366A and 201 of Penal Code. That appellant, under the pretext of giving biscuits, committed rape and murder of a five-year old girl, and threw her dead body into the stream. Both High Court & Trial Court confirmed death sentence. Hence, this appeal.

Contentions by Appellant before Supreme Court

  1. That as per section 235(2) of Cr.P.C. appellant was not heard separately on sentencing.
  2. That the appellant had no criminal antecedents, nor was any evidence presented to prove that the commission of the offence was pre-planned. As submitted by the counsel for the appellant, there is no material shown by the State to indicate that the appellant cannot be reformed and is a continuing threat to the society.
  3. That the conduct of the appellant in jail has been ‘satisfactory’.
  4. That respondent State has not shown anything to prove the
    likelihood that the appellant would commit acts of violence as a
    continuing threat to society.

Judgment

Party allowed by commuting the death sentence to that of life imprisonment with the stipulation that the appellant shall not be entitled to premature release/remission before undergoing actual imprisonment of 30 years for the offence under Section 302 of the Code and further the sentences awarded shall run concurrently and not consecutively.

Link for the Judgement  –

20436_2017_44_1501_31038_Judgement_08-Nov-2021

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