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
- Whether the circumstantial evidence sustained conviction.
- Whether the death sentence was justified by adequate special reasons and consideration of mitigation.
- What custodial sentence should replace death.
Provisions considered
- Section 354(3) read with Section 235(2), Code of Criminal Procedure, 1973The sentencing framework required special reasons for death and consideration of relevant offender circumstances; the reasons recorded below were insufficient. (¶¶ 6, 7, 12, 13, 14)
Held
- The victim’s brother identified the accused in the test identification parade and described his taking her from the fair; another witness saw him with a girl in the described clothing. Last-seen evidence considered with medical and forensic evidence supported the concurrent conviction findings. (¶¶ 10, 11)
- The brutality of the offence did not dispense with consideration of the criminal as well as the crime. The appellant’s age, occupation, asserted lack of proper legal assistance and absence of a finding ruling out reformation were relevant to the sentencing assessment. The reasons below did not constitute the special reasons necessary for death. (¶¶ 7, 12, 13, 14)
- Mukesh was distinguishable on its facts, including conspiracy, gang rape, other criminal activity and the evidentiary circumstances. On the totality here, the rarest-of-rare threshold was not met; death required commutation while conviction remained intact. (¶ 14)
- The appropriate substitute was life imprisonment with an actual period of twenty-five years without remission. Sentences for all offences must run concurrently. (¶ 14)
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.