Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | criminal test Rape murder crime test rarest if rare test |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860 - ss. 302, 376, 366-A, 363 r/w. s. 34 - Rape and murder of minor and intellectually challenged girl - By the accused aged about 52 years - Conviction and death sentence by courts below - Held: In view of the evidence of ยท the case, guilt of the accused proved beyond reasonable doubt - Conviction upheld - However, sentence of death reduced to life imprisonment - All other sentences awarded, directed to run consecutively. Evidence - Circumstantial evidence - Standard of proof - Held: Circumstances relied upon, must be fully established and chain of the circumstances must be complete, so as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused. Crime Against Children - Sexual assault - On minor children - Held: It is the duty of the State to protect the children from all forms of sexual exploitation and abuse - It is also duty of every citizen to report the act of assault or abuse on a minor child to the police or Juvenile Justice Board - While dealing with an issue of child abuse, approach of the court should be child centric - Proper and sufficient safeguards a/so need to be provided to persons who come forward to report such incidents - Supreme Court as a parens patriae, gave certain directions to the State authorities, to educational institutions, medical institutions and homes wherever children are housed, to media, hotels, lodge, clubs, studios for protection of children from sexual abuse - Further directed that non-reporting of such crime would be a serious crime - Constitution of India, 1950 - Articles 15(3) and 39 - United Nations Convention on the Rights of Children - Articles 3(2) and 34 - Protection of Children from Sexual Offences Act, 2012. Sentence/Sentencing: Death sentence - Award of - Held: While awarding death sentence, the courts should apply 'crime test', 'criminal test' and 'rarest if rare test' - 'Crime test' has to be fully satisfied i.e. 100%, 'criminal test' i.e. no mitigating circumstance favouring the accused should be 0% - 'Rarest of rare test' should be 'society centric' and not Judge centric'. Death sentence - Award of - By treating pendency of criminal case against the accused as aggravating circumstance - Propriety of - Held: Pendency of criminal cases as such is not aggravating circumstance unless the accused is found guilty and convicted in those cases. Death sentence - Rarest of Rare case principle - Applicability of - Held: Per Madan Lokur, J. - The principle of rarest of rare cases is based on comparative evaluation of the case with other cases - Due to lack of empirical data for making two fold comparison, the application of the rarest of rare principle becomes extremely delicate, thereby making the awarding of death sentence subjective or judge-centric - While converting the death sentence to life imprisonment, the judiciary applies the rarest of rare principle and the executive applies the factors not known to the courts - Since the two important organs of the State treat the life convicts with different standards, it is imperative that courts lay down jurisprudential basis for awarding the death penalty - Death penalty and its execution should not become matter of uncertainty - Law Commission of India should examine whether death penalty is a deterrent punishment or is retributive justice or serves an incapacitative goal - Code of Criminal Procedure, 1973 - s. 432 - Constitution of India, 1950 - Arts. 72 and 161. Death sentence - Commutation of - Need to record reasons for commuting the sentence - Held: Per Madan Lokur, J. - Normal rule is awarding life sentence and reasons are required to be recorded while awarding death sentence - Therefore, courts not required to record reasons for commuting death sentence to life imprisonment |
Judge | Hon'ble Mr. Justice K.S. Panicker Radhakrishnan Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2013 INSC 281 |
Petitioner | Shankar Kisanrao Khade |
Respondent | State Of Maharashtra |
SCR | [2013] 6 S.C.R. 949 |
Judgement Date | 2013-04-25 |
Case Number | 362-363 |
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