VidhiSangh

Supreme Court of India · 09/02/2022

PAPPU versus THE STATE OF UTTAR PRADESH

[2022] 2 S.C.R. 13 · 2022 INSC 164

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Summary

The appellant challenged convictions for the rape and murder of a seven-year-old child and concealment of her body, together with the death sentence. The Court sustained the circumstantial findings but held that sentencing had improperly focused on the crime without adequate consideration of the offender and prospects of reform. Death was commuted to life imprisonment with no premature release or remission before thirty years of actual imprisonment. Other sentences, fines and the victim-compensation direction remained.

Issues

  1. Whether the concurrent circumstantial findings warranted interference in an appeal by special leave.
  2. Whether the proved foundational facts supported the evidentiary burdens relied upon.
  3. Whether the death sentence satisfied the required individualised sentencing inquiry.

Provisions considered

Held

Result

Appeals partly allowed on sentence alone. Convictions upheld; death commuted to life with at least thirty years’ actual imprisonment before remission or premature release. Other sentences, fines, default terms and payment of half the fines to the child’s mother retained. Substantive sentences concurrent.

Judgment PDF: Supreme Court of India, [2022] 2 S.C.R. 13.