VidhiSangh

Supreme Court of India · 12/09/2024

RABBU @ SARVESH versus THE STATE OF MADHYA PRADESH

[2024] 10 S.C.R. 37 · 2024 INSC 720

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Summary

The Supreme Court upheld the appellant's conviction for house-trespass, gang rape, murder and offences under the POCSO Act, resting on a reliable question-answer dying declaration recorded by an Executive Magistrate and corroborated by oral dying declarations, but commuted the death sentence because the case was not shown to be beyond reform, substituting a fixed term of 20 years' imprisonment without remission.

Issues

  1. Whether the conviction, resting mainly on the deceased's dying declarations, was sustainable despite the alleged inconsistencies and improvements in them.
  2. Whether the case fell in the 'rarest of rare' category warranting confirmation of the death penalty, or whether the sentence should be commuted.

Provisions considered

Held

Result

Appeals partly allowed; conviction maintained; death sentence under Sections 376A and 302 IPC commuted to rigorous imprisonment for 20 years without remission.

Judgment PDF: Supreme Court of India, [2024] 10 S.C.R. 37.