Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | High Court confirmed the conviction and sentence Conviction by trial court Appeal to Supreme CourtLife imprisonment POCSO Length of incarceration IPC Rape and murder of minor child 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. 302, 376(2)(f), 377, 363, 364, 367 and 201 r/w ss. 3,4,5 (i) (l) and (m) of the Protection of Children from Sexual Offences Act, 2012 – Rape and murder of minor child – Conviction by trial court – Death sentence – High Court confirmed the conviction and sentence – Appeal to Supreme Court – Held: In view of the forensic reports along with extra-judicial confession made by the accused, conviction upheld – However, there is no material to show that the intention of the accused was to kill the victim – There is also no evidence to show any diabolic planning by the accused to commit the crime or that the murder was premeditated – Therefore, the case does not fall in the category of rarest of rare cases – The accused was also not defended effectively before the courts below – The accused neither sought nor was given the opportunity to place on record mitigating circumstances – Trial court imposed the extreme penalty of death sentence without considering as to whether there was no alternative to death sentence or that in absence of death sentence, the accused would be threat to society or whether the accused could be reformed – The accused has been denied an effective and meaningful hearing on the question of sentence u/s. 235(2) Cr.P.C.– Therefore death sentence is commuted to sentence of life imprisonment – Considering the heinous, revolting, abhorrent and despicable nature of the crime, accused is directed to undergo imprisonment for life, till his natural death without any remission of sentence – Sentence/Sentencing – Death sentence – Code of Criminal Procedure, 1973 – s. 235(2). Code of Criminal Procedure, 1973: s. 235(2) – Scope of – Held: Provision u/s. 235(2) is not a mere formality and should be obeyed in letter and spirit – It is obligatory on the part of the trial Judge to hear the accused on the question of sentence and deal with it – For effective hearing u/s. 235(2) the suggestion that the court intends to impose death penalty should specifically be made to the accused, so as to enable the accused to make effective representation against death sentence, by placing mitigating circumstances before the Court – Even if such issues are not raised on behalf of accused, the court is obliged on its own to elicit facts relevant to the question of existence of miltigating circumstances – Sentence/Sentencing. Sentence/Sentencing: Life imprisonment – Length of incarceration – Determination of – Held: It is open to the Court to prescribe the length of incarceration, especially in cases where death sentence has been replaced by life imprisonment. Life imprisonment – Length of incarceration – Held: Life imprisonment means imprisonment for entire life. |
Judge | Hon'ble Ms. Justice Indira Banerjee |
Neutral Citation | 2019 INSC 247 |
Petitioner | Dattatraya @ Datta Ambo Rokade |
Respondent | The State Of Maharashtra |
SCR | [2019] 11 S.C.R. 295 |
Judgement Date | 2019-02-21 |
Case Number | 1110-1111 |
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