NDLI: Vasanta Sampat Dupare Vs. State of Maharashtra

Vasanta Sampat Dupare Vs. State of Maharashtra

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Vasanta Sampat Dupare Vs. State of Maharashtra

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Vasanta Sampat Dupare Vs. State of Maharashtra

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Sentence/Sentencing:
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case Type	Review Petition
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Sentence/Sentencing: Death sentence - Conviction .of review petitioners for rape and murder of a minor girl of 4 years and award of death sentence - Held: In the judgment under review, this Court had considered the aggravating facts and the mitigating circumstances - The brutality and diabolical nature of the crime and the fact that the victim had reposed trust and confidence in the petitioner was taken into account and this Court found the aggravating circumstances completely outweighed the other factors - The court did not find any mitigating circumstances in favour of review petitioners for awarding lesser punishment - The evidence and circumstances were dealt with in the judgment under review in great detail - Therefore, no interference with the order of death sentence - Review petition liable to be dismissedDeath sentence - Plea of review petitioner that in the light of principles laid down in Bachan Singh, mitigating factors· ought to have been taken into account and that proper and effective hearing in that regard was not extended to the petitioner - Held: Plea not sustainable - Jn Bachan Singh case, the burden was·upon the State in respect of conditions (3) and (4) i.e. the probability that the accused would not commit criminal acts of violence as would constitute a continuing threat to society and the probability that the accused can be reformed and rehabilitated - It was stated therein that the State shall by evidence prove that the accused did not satisfy these two conditions - However, in the subsequent paragraphs it was mentioned that those circumstances would certainly be relevant and great weight be attached to them but it was the cumulative effect of mitigating circumstances on one hand and aggravating facts on A the other, which would be weighed to come to the final conclusion whether the case satisfied the requirement of being "rarest of rare" - Therefore, the correct interpretation of Bachan Singh case is that mere failure on part of the State to lead such evidence would not clinch the issue in favour of the accused - It is a relevant consideration which will be weighed by the Court together with other circumstances on record.Death sentence - Aggravating and mitigating circumstances - Both aspects have to be given their respective weightage - The court has to strike a balance between the two and see towards which side scale of justice tilts - The material placed on record showed that after the judgment under review, the petitioner completed Bachelors Preparatory Programme offered by the Indira Gandhi National Open University enabling him to prepare for Bachelor level study and that he has also completed the Gandhi Vichar Pariksha and had participated in drawing competition - Jail record of the petitioner was without any blemish and it was projected that there was a possibility of the accused being reformed and rehabilitated - However, the aggravating circumstances namely the extreme depravity and the barbaric manner in which the crime was. committed and the fact that the victim was a helpless girl of four years clearly outweigh the mitigating circumstances brought on record - No case made out to take a different view in the matter.Code of Criminal Procedure, 1973 - s.235(2) - Scope of - Plea of review petitioner that the judgment of conviction and the order of sentence was passed by trial court on the same day which was opposed to the spirit of s.235(2) - Held: The purpose of s.235(2) is to give sufficient time to the accused or the prosecution on the question of sentence to show the grounds on which the prosecution may plead or accused may show that the maximum sentence of death may be the appropriate sentence or the minimum sentence of life imprisonment may be awarded as the case may be - However, merely because no separate date was given for hearing on sentence, the · entire exercise is not vitiated - Plea rejected - Sentence/Sentencing.
Judge	Honble Mr. Justice Uday Umesh Lalit
Neutral Citation	2017 INSC 436
Petitioner	Vasanta Sampat Dupare
Respondent	State Of Maharashtra
SCR	[2017] 3 S.C.R. 850
Judgement Date	2017-05-03
Case Number	637-638

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