Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Imposition of a fixed term sentence of 30 years Correctness of |
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 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 Referred Case 18 Referred Case 19 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Sentence/Sentencing: Imposition of a fixed term sentence of 30 years, without remission – Correctness of – Victim aged 18 years, kidnapped for ransom and on the same day was killed by strangulation, and the body was burnt, to eliminate evidence – Pursuant to the commission of murder, the accused regularly made ransom calls to the family – Trial court convicted all the accused persons u/ ss. 302, 364A, 201, r/w s. 120B – Appellants-A-1 and A-2 also convicted u/s. 411 with A-1 additionally u/ss. 420, 468 and 471 and sentenced to life imprisonment for the remainder of their natural life without any parole, remission, or furlough before completing 30 years of imprisonment – Upheld by the High Court – On appeal, held: Power to impose “special” or “fixed term sentences” is with this Court and the High Court – Trial courts are foreclosed from imposing such a modified or specific term sentence, or life imprisonment for the remainder of the convict’s life, as an alternative to death penalty – On basis of the report of the probation officer, report on nature of work done while in jail and a psychological and psychiatric evaluation report strong case made out in support of the appellants’ probability of reform and reintegration into society – Thus, the sentence awarded to both the appellants is modified to a minimum term of 20 years actual imprisonment – Penal Code, 1860 – ss. 120 B, 201, 302, 364 A, 411 – Code of Criminal Procedure, 1973 – s. 433A. Special or fixed term sentence – Imposition of, as an alternative to death penalty in serious crimes – Held: Power to impose special or fixed term sentence beyond the minimum sentence specified in s. 433A CrPC reserved solely with High Courts and Supreme Court as per decision in *Sriharan’s case – Code of Criminal Procedure – s. 433A. Procedure to be followed – Offences where death penalty proposed by prosecution – Role of trial court and State – Held: Trial court under obligation to balance aggravating and mitigating circumstances – Whereas, State must produce material disclosing psychiatric and psychological evaluation of the accused (collected beforehand), and all objective materials whether favourable or unfavourable, as it is in a position to collect this information and facilitate the court in arriving at a just sentence. |
Judge | Hon'ble Mr. Justice S. Ravindra Bhat |
Neutral Citation | 2023 INSC 412 |
Petitioner | Vikas Chaudhary |
Respondent | The State Of Delhi |
SCR | [2023] 4 S.C.R. 748 |
Judgement Date | 2023-04-21 |
Case Number | 2276 |
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