Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 376(2)(g) 1860: ss 302 364 and 404 rlw s. 120-8 - Rape and murde Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860: ss.302, 376(2)(g), 364 and 404 r/w 5.120-B — Rape and murder — Victim-deceased girl working in night shift and commuted in cab hired by the company - On fateful day, accused driver alongwith co-accused committed her rape and murder — Conviction based on circumstantial evidence and imposition of death sentence — Accused-appellants seeking commutation of sentence — Held: The extreme depravity with which the deceased girl was done to death coupled with the other factors including the position of trust held by accused driver would tilt balance between aggravating and mitigating circumstances greatly against accused-appellants — Accused No.1 abducted the deceased with help of accused No.2, and subsequently they raped and murdered her — They did not show any regret, sorrow or repentance at any point of time during the commission of the heinous offence, nor thereafter, rather they acted in a normal manner after commission of crime — The manner in which the commission of the offence was so meticulously and carefully planned coupled with the sheer brutality and apathy for humanity in the execution of the offence, in every probability they have potency to commit similar offence in future — Both the accused persons have proved to be a menace to society which strongly negates the probability that they can be reformed or rehabilitated — The mitigating circumstances were wholly absent in the present |
Judge | Honble Mr. Justice H.L. Dattu |
Neutral Citation | 2015 INSC 392 |
Petitioner | Purushotiam Dashrath Borate &anr. |
Respondent | State Of Maharashtra |
SCR | [2015] 5 S.C.R. 1112 |
Judgement Date | 2015-05-08 |
Case Number | 1439 |
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