VidhiSangh

Supreme Court of India · 18/01/2022

BHAGWANI versus THE STATE OF MADHYA PRADESH

[2022] 8 S.C.R. 1 · 2022 INSC 52

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Summary

The Court upheld the appellant’s convictions for the kidnapping, sexual assault and murder of an 11-year-old child on the cumulative circumstantial evidence. It nevertheless commuted the death sentence because the sentencing process inadequately considered mitigation and the probability of reformation. The appellant’s youth, lack of antecedents and unobjectionable jail conduct were material, and the prosecution had not shown rehabilitation to be foreclosed. Life imprisonment for 30 years without remission was imposed.

Issues

  1. Whether the circumstantial evidence sustained the concurrent convictions.
  2. Whether the death sentence could stand without an adequate mitigation and reformation inquiry.

Provisions considered

Held

Result

Appeals partly allowed; convictions upheld; death sentence commuted to life imprisonment for 30 years without remission.

Judgment PDF: Supreme Court of India, [2022] 8 S.C.R. 1.