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SC Commutedthe Death Sentence in Rape & Murder of 7.5 Year Old

Team SoOLEGAL 14 Feb 2019 5:00pm

SC Commutedthe Death Sentence in Rape & Murder of 7.5 Year Old

 

Death sentence has been commuted by the Supreme Court last week awarded to a man convicted for rape and murder of 7 1/2 year old girl.

The conviction was upheld by the bench of three judges including Justice AK Sikri, Justice S. Abdul Nazeer and Justice MR Shah, the bench observed that although the crime was very brutal, but can’t give death sentence.

Vijay Raikwar, the accused, has been convicted by the trial court under Section 376 (2) (f) and Section 201 of the Indian Penal Code (IPC) as well as Sections 5(i), 5(m) and 5(r) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

Death sentence and conviction awarded by the Trial Court was confirmed by the Madhya Pradesh High court later. The appeal by the apex court also upheld the conviction. Following mitigating circumstances was observed by the court, to hold that the case does not satisfy rarest of rare test. Justice MR Shah, said:

“It is required to be noted that the accused was not a previous convict or a professional killer. At the time of commission of offence, he was 19 years of age. His jail conduct also reported to be good. Considering the aforesaid mitigating circumstances and considering the aforesaid decisions of this Court, we think that it will be in the interest of justice to commute the death sentence to life imprisonment. "

Sentence was then modified to life imprisonment by the bench. 

Tagged: death sentence   supreme court   rape   murder   Justice AK Sikri   Justice S. Abdul Nazeer   Justice MR Shah  
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