VidhiSangh

Supreme Court of India · 18/01/2019

NAND KISHORE versus STATE OF MADHYA PRADESH

[2019] 1 S.C.R. 260 · 2019 INSC 58

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Summary

The Court affirmed convictions arising from kidnapping, rape and murder of an eight-year-old girl on the combined last-seen, identification, medical and forensic evidence. It nevertheless found that the reasons for death did not meet the statutory special-reasons requirement. The courts below had not adequately addressed the offender’s circumstances or the possibility of reformation. Death was replaced with life imprisonment requiring twenty-five years’ actual custody without remission, with all sentences concurrent.

Issues

  1. Whether the circumstantial evidence sustained conviction.
  2. Whether the death sentence was justified by adequate special reasons and consideration of mitigation.
  3. What custodial sentence should replace death.

Provisions considered

Held

Result

Appeal partly allowed. Convictions confirmed; death sentence commuted to life imprisonment requiring twenty-five years’ actual imprisonment without remission. All sentences directed to run concurrently.

Judgment PDF: Supreme Court of India, [2019] 1 S.C.R. 260.