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Supreme Court Commutes Death Sentence, Clarifies Rarest Of Rare Doctrine

Supreme Court Commutes Death Sentence, Clarifies Rarest Of Rare Doctrine
Supreme Court Explains 'Rarest Of Rare' In Death Sentence Commutation · rediff.com

The Supreme Court reviewed a case involving the sexual assault and killing of a six-year-old girl by her stepfather.

The court agreed that he was guilty of the crimes.

However, it changed his punishment from death to prison for the rest of his natural life.

The court said the crime was extremely serious.

It also said the law requires judges to consider the accused person’s circumstances and chance of changing.

The state had not shown that he could never reform.

The trial court had also failed to properly hear him before deciding the punishment.

The court accepted the girl’s mother’s evidence because it matched medical findings and phone records.

It explained that crimes inside homes may happen secretly, making outside witnesses difficult to find.

Key facts

Conviction
Sexual assault and murder under the erstwhile Indian Penal Code and the Protection of Children from Sexual Offences Act.
Victim
A six-year-old girl who was the appellant’s stepdaughter.
New sentence
Imprisonment for the remainder of the convict’s natural life, without the prospect of release through remission.
Bench
Justices Vikram Nath, Sandeep Mehta and Vijay Bishnoi.
Evidence
The victim’s mother’s testimony was corroborated by objective medical evidence and phone records.
Sentencing issue
The trial court convicted and sentenced the appellant to death on the same day without properly hearing him on the question of sentence.
Relevant doctrine
The death penalty is reserved for cases where life imprisonment is unquestionably foreclosed after aggravating and mitigating circumstances are weighed.

Quotes

Supreme Court bench

The three-judge Supreme Court bench hearing the convict’s appeal.

“The crime is of the utmost gravity, and it is marked by an exceptional aggravating feature, but the mitigating circumstances of the appellant are genuine and substantial, the possibility of his reformation has not been excluded by the State upon whom the burden lay.”
rediff.com
“The victim, silenced in life, is not silenced in law, and her voice, reaching the court through her mother and confirmed by the marks upon her body, bears witness to what was done to her.”
rediff.com

Sources

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