NDLI: Bhagwani Vs. The State of Madhya Pradesh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	2012 – s.5(g)(m) r/w s.6 366A 1860 – ss.363 376A Penal Code 376D 346 364 302 and 201 – Protection of Children from Sexual Offences Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860 – ss.363, 366A, 364, 346, 376D, 376A, 302 and 201 – Protection of Children from Sexual Offences Act, 2012 – s.5(g)(m) r/w s.6 – Kidnapping, rape and murder of 11 year old girl – Circumstantial evidence – PW-2 (father of victim) along with his family members attended a ceremony at the house of one ‘AM’ in the evening – His 11 years old daughter went missing and was found dead next morning – Appellant alongwith co-accused- ’S’ (since deceased) was convicted and sentenced to death – On appeal, held: Medical evidence shows that the deceased was raped and killed – Appellant and ‘S’ had alcohol and were together at the house of ‘AM’ – Next day morning, they went to PW-9 and told him that a big blunder took place – Their eyes were red, hair was scattered and they were scared – Pursuant to the disclosure statement, the clothes of the appellant were seized from the cowshed in his house – Insofar as Article D, a full pant of the appellant is concerned, according to DNA report multiple peaks were observed – DNA profiling of the articles Q, R and S which are the vaginal slide, rectal slide and dried blood on the hair of the deceased showed Y (male) STR – Blood sample of ‘S’ matched with the articles found on Q, R and S – Appellant miserably failed to prove an alibi – There is lack of any explanation for the scratch injuries found on his body – Appellant guilty of committing the offences as charged – Conviction upheld, however the sentence is converted from death to that of imprisonment for life for a period of 30 years without remission. Code of Criminal Procedure,1973 – s.235(2) – Constitution of India – Article 21 – Disturbing tendency of Trial Courts adjudicating criminal cases involving rape and murder in haste – Held: An accused is entitled for a fair trial guaranteed under Article 21 – The object and purpose of s.235 (2), CrPC is that the accused must be given an opportunity to make a representation against the sentence to be imposed on him – A bifurcated hearing for convicting and sentencing is necessary to provide an effective opportunity to the accused – Adequate opportunity to produce relevant material on the question of death sentence shall be provided to the accused by the Trial Court – In the present case, it is travesty of justice as the appellant was not given a fair opportunity to defend himself – The judgment was dictated on 03.11.2017 and on the same day, the Trial Court passed an order, sentencing him to death penalty – Deprecation. Sentence/Sentencing – Death penalty – Mitigating circumstances – Appellant was convicted and sentenced for kidnapping, rape and murder of 11 year old girl – Held: Gravity of the crime was taken into consideration while imposing death sentence but the mitigating circumstances and the probability of reformation and rehabilitation of the accused wasn’t considered – Appellant was aged 25 years on the date of commission of the offence and belongs to a ST community, eking his livelihood by doing manual labour – No evidence to show that there is no probability of his rehabilitation and reformation and that the question of an alternative option to death sentence is foreclosed – Appellant had no criminal antecedents – Nothing adverse reported against his conduct in jail – Death sentence requires to be commuted to life imprisonment – However, taking into account the barbaric and savage manner in which the offences of rape and murder were committed on a hapless 11 year old girl, the appellant is sentenced to life imprisonment for a period of 30 years without remission
Judge	Hon'ble Mr. Justice L. Nageswara Rao
Neutral Citation	2022 INSC 52
Petitioner	Bhagwani
Respondent	The State Of Madhya Pradesh
SCR	[2022] 8 S.C.R. 1
Judgement Date	2022-01-18
Case Number	101-102

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