VidhiSangh

Supreme Court of India · 28/03/2023

SHIVA KUMAR @ SHIVA @ SHIVAMURTHY versus STATE OF KARNATAKA

[2023] 4 S.C.R. 669 · 2023 INSC 306

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Summary

A company cab driver in Bengaluru who, in 2005, induced a 28-year-old employee leaving work at night to travel in his vehicle, then raped and murdered her, was convicted under Sections 366, 376 and 302 IPC and sentenced to imprisonment for the rest of his life, which the Karnataka High Court upheld while dismissing the State's appeal for enhancement. On his appeal limited to sentence, he argued that under the Constitution Bench in V. Sriharan a fixed-term life sentence may be imposed by constitutional courts only as a substitute for the death penalty. The Supreme Court rejected that reading, holding that the High Court and Supreme Court may impose a fixed-term sentence beyond the reach of remission even where death is neither imposed nor proposed, though a trial court cannot, and directed release only after thirty years of actual imprisonment.

Issues

  1. Whether a constitutional court may impose a modified or fixed-term life sentence, excluding statutory remission for a specified period, in a case where the death penalty has not been imposed or proposed.

Provisions considered

Held

Result

Appeal partly allowed; sentence for the offence under Section 302 IPC modified to imprisonment for life with the direction that the appellant be released only after completing thirty years of actual sentence; convictions under Sections 366, 376 and 302 IPC undisturbed.

Judgment PDF: Supreme Court of India, [2023] 4 S.C.R. 669.