Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sentence/Sentencing: Death sentence or life imprisonment - In case of rape and murder of young girl of tender age |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Sentence/Sentencing: Death sentence or life imprisonment - In case of rape and murder of young girl of tender age - Difference of opinion between Judges on sentencing part - Pasayat, J. observed that the case fell within the category of the rarest of rare cases as the deceased was a helpless child of_Jender age and the appellant, being a watchman in the building in which she was residing was in a position of trust, and as the murder and rape was particularly brutal, the death sentence was the only adequate one - Ganguli, J. differed on this aspect and held that a sentence of life imprisonment was proper one in the light of mitigating circumstance particularly the young age of the appellant and the possibility that he could be rehabilitated and would not commit any offence later on - Held: There is a very thin line on facts which separates the award of a capital sentence from a life sentence in the case of rape and murder of a young child by a young man - The broad principle is that the death sentence is to be awarded only in exceptional cases - The appellant was a young man, only 27 years of age, it was obligatory on the trial court to have given a finding as to a possible rehabilitation and reformation and the possibility that he could still become a useful member of society in case he was given a chance to do so - In the light of the findings recorded by Ganguli, J., it would not be proper to maintain the death sentence on the appellant - At the same time, the gravity of the offence, the behaviour of the appellant and the fear and concern such incidents generate in ordered society cannot be ignored - The death sentence awarded is commuted to life which must extend to the full life of the appellant subject to any remission or commutation at the instance of the Government for good and sufficient reasons. Crime against women - Penal Code, 1860 - s. 302 - Code of Criminal Procedure, 1973 - s.235 r.w. s.354, s.433-A |
Judge | Hon'ble Mr. Justice H.S. Bedi |
Neutral Citation | 2011 INSC 65 |
Petitioner | Rameshbhai Chandubhai Rathod |
Respondent | The State Of Gujarat |
SCR | [2011] 1 S.C.R. 829 |
Judgement Date | 2011-01-24 |
Case Number | 575 |
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