VidhiSangh

Supreme Court of India · 21/03/2023

SUNDAR @ SUNDARRAJAN versus STATE BY INSPECTOR OF POLICE

[2023] 5 S.C.R. 1016 · 2023 INSC 264

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Summary

A man convicted of kidnapping a seven-year-old boy for ransom in 2009 and murdering him was sentenced to death, confirmed up to the Supreme Court; his review, dismissed by circulation, was reheard in open court under Mohd. Arif. A three-Judge Bench found no error apparent: even eschewing uncertified call records, eyewitnesses, identification and recoveries established guilt, and lingering doubt has no place in circumstantial cases. But no separate sentencing hearing was held and no court examined mitigating circumstances or reform; given his youth, clean record and conduct in jail, the death sentence was commuted to life imprisonment of not less than twenty years without remission, and suo motu contempt was initiated against a police officer whose affidavit concealed an escape attempt.

Issues

  1. Whether grounds concerning the ownership of the phone used for ransom calls, a discrepancy in the IMEI number and the absence of a certificate under Section 65B of the Evidence Act disclose any error apparent on the face of the record warranting review of the conviction.
  2. Whether a death sentence can be sustained where neither the trial court held a separate sentencing hearing nor any court considered mitigating circumstances or the probability of reformation, and what sentence is proportionate on commutation.
  3. Whether the sex of a murdered child can be treated as an aggravating circumstance.

Provisions considered

Held

Result

Review petitions disposed of; conviction under Sections 364A, 302 and 201 IPC not interfered with; death sentence commuted to life imprisonment for not less than twenty years without reprieve or remission; Registry directed to register a suo motu contempt proceeding against the Inspector of Police, Kammapuram Police Station, Cuddalore District for the affidavit dated 26 September 2021 concealing the petitioner's attempt to escape from prison.

Judgment PDF: Supreme Court of India, [2023] 5 S.C.R. 1016.