Lawstreet Journal

Rape And Murder: The Supreme Court Commutes A Convict's Death Sentence To Life Imprisonment, Emphasizing The Prospect of Redemption

Lawstreet Journal 21 Jan 2022 12:25am

Image courtesy: Lawstreet Journal Judiciary Rape And Murder: The Supreme Court Commutes A Convict's Death Sentence To Life Imprisonment, Emphasizing The Prospect of Redemption

On 18th January 2022, in the case of Bhagwani v. State of Madhya Pradesh, the Hon'ble Supreme Court commuted the death penalty of a convict belonging to a scheduled tribe community, to life imprisonment in the instance of rape and murder of a minor girl. 

While the trial court and the High Court considered the gravity of the crime, they failed to weigh mitigating factors such as the convict's socioeconomic background and the likelihood of reformation and rehabilitation, according to a bench of Justices L Nageshwar Rao, BR Gavai, and BV Nagarathna. The appellant-convict, however, will not be eligible for remission for another 30 years, according to the Court.

"The Appellant was 25 years old at the time of the offence, and he was a member of a Scheduled Tribes community who relied on manual labour for a living. The prosecution has not shown any evidence to establish that the Appellant has no chance of rehabilitation or reformation, hence the possibility of an alternative to the death penalty is ruled out. Before committing the offence for which he was convicted, the Appellant had no criminal history. Nothing negative has been mentioned about his behaviour while incarcerated. As a result, the death penalty must be converted to life imprisonment" the court observed 

The appellant was charged with kidnapping and raping an 11-year-old girl, whose body was discovered with serious injuries. As per medical experts, the cause of death was neurogenic shock due to neck compression, severe injuries, and bleeding in the vagina and anal… Continue Reading...


Tagged: Rape   Murder  
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