Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Administration of Criminal Justice |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Administration of Criminal Justice – Capital Punishment –Factors to be considered – Appellant convicted for the rape andmurder of a 3 year old girl – Conviction as also capital punishmentawarded to the appellant was confirmed by the High Court – Appealsfiled by the appellant before Supreme Court – Dismissed – ReviewPetitions also dismissed – However, review petitions restored inview of Constitution Bench decision of Supreme Court in Mohd.Arif alias Ashfaq case – Held: Ordinarily, it would not be advisableto award capital punishment in a case of circumstantial evidence –But there is no hard and fast rule that death sentence should not beawarded in a case of circumstantial evidence – If the court hassome doubt, on the circumstantial evidence on record, that theaccused might not have committed the offence, then a case foracquittal would be made out – If the court is inclined to award thedeath penalty then there must be some exceptional circumstanceswarranting the imposition of the extreme penalty – In the instantcase, samples were taken from the body of the accused and sent forDNA profiling, however, the result was not produced before the trialcourt – There is no explanation for this – In the absence of anyjustification for not producing the DNA evidence, it would bedangerous, on the facts of this case, to uphold the sentence of deathof the appellant – Further, probability (not possibility orimprobability or impossibility) that a convict can be reformed andrehabilitated in society must be seriously considered by the courtsbefore awarding the death sentence – It is the obligation on theprosecution to prove, through evidence, that the probability is that the convict cannot be reformed or rehabilitated – For the purposesof sentencing, the Sessions Judge, the High Court as well as SupremeCourt did not take into consideration the probability of reformation,rehabilitation and social re-integration of the appellant into society– Further, trial court was also in error in taking into consideration,for the purposes of sentencing, the pendency of two similar casesagainst the appellant which it could not, in law, consider – However,looking to the crimes committed by the appellant and the materialon record including his overall personality and subsequent events,the sentence of death awarded to the appellant is commuted but theappellant should not be released from custody for the rest of hisnormal life – Penal Code, 1860– ss.376(2)(f), 377 and 302–Evidence Act, 1872 – s.54 – CrPC, 1973 – s.354.Evidence – DNA – Forensic science – Importance of – Held:DNA profiling is an extremely accurate way of comparing specimensand such testing can make a virtually positive identification – WhereDNA profiling has not been done or it is held back from the TrialCourt, an adverse consequence would follow for the prosecution –Cr.P.C., 1973 – ss.53-A, 164-A.Sentence/Sentencing – Prior history of the convict or criminalantecedents – If to be considered – Held: Mere pendency of one ormore criminal cases against a convict cannot be a factor forconsideration while awarding a sentence – Not only is it statutorilyimpermissible (except in some cases) but even otherwise it violatesthe fundamental presumption of innocence – a human right - thateveryone is entitled to. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2018 INSC 1194 |
Petitioner | Rajendra Pralhadrao Wasnik |
Respondent | State Of Maharashtra |
SCR | [2018] 14 S.C.R. 585 |
Judgement Date | 2018-12-12 |
Case Number | 145-146 |
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