Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rape murder Death sentence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 - ss. 376 and 302 - Rape and murder of 4 years old child - Conviction and death sentence by courts below - On appeal, held: It is established that child was in possession of the accused soon after she was sexually abused - Therefore, presumption is invoked against the accused for causing the injuries on private parts of the victim leading to her death - Since the accused failed to rebut this presumption, his conviction is justified - However, in view of the deficiencies in the investigation, absence of forensic evidence, lapses in trial proceedings and that the accused had not sufficient resources to get himself defended upto his satisfaction, death sentence is converted to life imprisonment, which would be not less than 18 years - His case for remission would be considered only after 18 years of imprisonment - Evidence Act, 1872 - s.114 - Code of Criminal Procedure, 1973 - Remission of sentence.Sentence/Sentencing - Death sentence - Imposition - Criteria - Held: Nature of offence a·lone may not in all cases be the determining factor for bringing the case in the 'rarest of rare' category to impose death penalty- Quality of evidence is also a relevant factor. |
Judge | Hon'ble Mr. Justice Aftab Alam |
Neutral Citation | 2013 INSC 238 |
Petitioner | Ram Deo Prasad |
Respondent | State Of Bihar |
SCR | [2013] 6 S.C.R. 108 |
Judgement Date | 2013-04-11 |
Case Number | 1354 |
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