Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: ss. 302 and 364A - Kidnapping and killing of 16 year old boy demanding ransom of Rs 50 lakh from his father - Conviction u/ss. 302 and' 364A and imposition of death sentence - Order attaining finality upto this Court - Writ petition by appellant u!Art. 32 challenging vires of s. 364A to the extent the same prescribes death sentence for anyone found guilty writ petition before the High Court dismissed as withdrawn with liberty to the appellants to approach High Court- Thereaft~r Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860:ss. 302 and 364A - Kidnapping and killing of 16 yearold boy demanding ransom of Rs 50 lakhh from his father -Conviction u/ss. 302 and' 364A and imposition of deathsentence - Order attaining finality upto this Court - Writpetition by appellant u!Art. 32 challenging vires of s. 364A tothe extent the same prescribes death sentence for anyonefound guilty, dismissed as withdrawn with liberty to theappellants to approach High Court- Thereafter, writ petitionbefore the High Court dismissed, upholding the vires of s.364A - On appeal, held: Provisions of Section 364A in so faras the same prescribes death or life imprisonment is notunconstitutional on account of the punishment beingdisproportionate to the gravity of the crime committed by theappellants- s. 364A was enacted for the safety and securityof the citizens and the unity, sovereignty and integrity of thecountry-Appellants were held guilty not only uls. 364A, buteven for murder punishable u/s. 302 - Award of deathsentence was considered to be just, fair and reasonable, evenby the standards of rarest of rare cases...:.. Just because thesentence of death is a possible punishment that may beawarded in appropriate cases cannot make it per se inhumanor barbaric.s. 364A - When attracted- Held: Kidnapping/abduction demanding ransom from private persons also- attracts s.364A - Language employed in s. 364A is wide enough to cover even cases where the demand for ransom is made notas a part of any terrorist act but also for monetary gain from aprivate individual- Provision does not suggest that the sameis attracted only in ransom situations arising in· acts ofterrorism directed against the Government or any foreign state or international inter-governmental organization.s. 364A - Ingredients of- Stated.s. 364A - Scope and purport of- Examination of historicalperspective - Explained and discussed.Constitution of India, 1950 - Art. 32, 226 - Writjurisdiction - Order attaining finality upto this Court - Writpetition by appellant u!Art. 32 challenging vires of s. 364Adismissed as withdrawn with liberty to the appellants to approach High Court- Thereafter, writ petition before the HighCourt dismissed, upholding the vires of s. 364A - On appeal,·held: In view of the decision in Rupa Ashok Hurra's case, ifagainst a final judgment of this Court, a remedy was notavailable u/Art.· 32, the same would also not be available u/ Art. 226 - Only remedy available, is by invoking this Court'sinherent powers u!Arts. 129, 142 for recall, reversal ormodification of the order passed by this Court in the criminalappeal filed by appellants- Thus, writ petition before the HighCourt for that relief is untenable.Interpretation of statutes - Rule of ejusdem generis -Applicability - Whether the expression 'any other person'appearing in s. 364A ought to be read ejusdem generis withthe expression preceding the said words - Held: s. 364A made use of only two expressions viz. 'government' or 'anyother person' - Parliament did not use multiple expressionsin the provision constituting a distinct genus class or category- It used only one single expression viz. 'government' whichdoes not constitute a genus, even when it may be a specie -Tenor of the provision, the context and .the statutory definitionof the expression 'person' all militate against any attempt tOrestrict the meaning of the term 'person' to the 'government'or 'foreign State' or 'international inter-governmentalorganisations' only, thus, the rule is not applicable.Sentence/Sentencing: Proportionality of sentence -Guiding principles - Stated. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2015 INSC 591 |
Petitioner | Vikram Singh@ Vicky &anr. |
Respondent | Union Of India & Ors. |
SCR | [2015] 10 S.C.R. 816 |
Judgement Date | 2015-08-21 |
Case Number | 824 |
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