VidhiSangh

Supreme Court of India · 16/07/2025

JAI PRAKASH versus STATE OF UTTARAKHAND

[2025] 8 S.C.R. 243 · 2025 INSC 861

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Summary

The appellant's conviction for the rape and murder of a ten-year-old girl, resting on recovery of the body from his hut, the last-seen evidence of the victim's aunt and two child witnesses, and matching DNA, was affirmed. The death sentence was commuted to life imprisonment without remission for the appellant's natural life because the courts below had relied on the brutality of the crime alone, without considering aggravating and mitigating circumstances or the possibility of reformation.

Issues

  1. Whether the concurrent conviction under Sections 376(AB), 377 and 302 IPC and Sections 5/6 of the POCSO Act, based on circumstantial evidence, is sustainable.
  2. Whether the death sentence imposed by the trial court and confirmed by the High Court satisfies the rarest of rare test.

Provisions considered

Held

Result

Appeals partly allowed; conviction affirmed; death sentence substituted by life imprisonment without remission extending to the appellant's natural life; High Court judgment dated 07.01.2020 modified to that extent; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 8 S.C.R. 243.