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Judgement |
| CRIMINAL JURISPRUDENCE |
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| CRIMINAL JURISPRUDENCE |
Criminal Jurisprudence — Death penalty — Awarding of —Held, death penalty shall be awarded only in the rarest of rare cases — where life imprisonment shall be wholly inadequate or futile owing to the nature of the crime & the circumstances relating to the criminal— Whether the person is capable of reformation and rehabilitation should also be taken into consideration while imposing death penalty . (Para 13) |
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Criminal Jurisprudence — Death penalty — Factors to be considered while imposing — ‘extreme depravity’ — ‘it is the duty of the State to adduce evidence that there is no probability that the accused can be reformed’ — ‘liberal and expansive connotation’ — ‘alternative option is unquestionably foreclosed’ — ‘humane concern’ — ‘real & abiding concern for dignity of human life’ — ‘gravest case of extreme culpability’ — ‘only when life appears to be an altogether inadequate punishment’ — ‘mitigating circumstances should be given full weightage’ — ‘probability that the accused can be reformed and rehabilitated’— ‘the rarest of rare case is a negative precept’ — ‘death is an exceptionally narrow opening’ — ‘extraordinary burden on the Court to impose death’ — ‘maximum weightage to mitigating circumstances and yet no alternative except death’ — ‘highest standards of judicial rigor and thoroughness’ — ‘possibility of reformation, young age of the accused, not a menace to the society, no previous track record’ etc. (Para 14) |
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Criminal Jurisprudence — Death penalty — Commuting to life sentence — Conduct of the death convict in jail — Certificate by the superintendent of the jail — conduct of accused in jail has been good — Held, there is a clear indication that despite having lost all hope, yet no frustration has set on the appellant — On the contrary, there was a conscious effort on his part to lead a good life for the remaining period — death penalty commuted to life sentence. (Para 15) |
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Criminal Jurisprudence — Death penalty — Commuting to life sentence — Conduct of the death convict in jail — Held, a positive change on a death row convict — should also weigh with the Court while taking a decision as to whether the alternative option is unquestionably foreclosed — The fact that the prisoner has displayed good behaviour in prison certainly goes on to show that he is not beyond reform. (Para 15) |
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Criminal Jurisprudence — Death penalty — Reformation of the death convict in jail — possibility of — Held, without the assistance of a psychological/psychiatric assessment and evaluation it would not be proper to hold that there is no possibility or probability of reform — The State has to bear in mind this important aspect while proving by evidence that the convict cannot be reformed or rehabilitated. (Para 16) |
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Criminal Jurisprudence — Death penalty — bifurcated hearing for conviction & sentencing — not conducted by trial Court — Held, Procedural impropriety of not having a separate hearing for sentencing at the stage of trial has been overlooked by the High Court — A bifurcated hearing for conviction & sentencing was a necessary condition. (Para 17) |
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Criminal Jurisprudence — Death penalty — hearing for conviction & sentencing conducted same day — Held, By conducting the hearing for sentencing on the same day, the Trial court has failed to provide necessary time to the appellant to furnish evidence relevant to sentencing and mitigation. (Para 17) |
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Criminal Jurisprudence — Criminal Trial — Appeal against Acquittal — Interference by Appellate Court — Held, in an appeal against acquittal, the appellate court would interfere only where there exists perversity of fact & law. (Para 12) |
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Criminal Jurisprudence — Appeal against acquittal — Held, the presumption of innocence is further reinforced against the acquitted¬ accused by having a judgment in his favor. (Para 12) |
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Criminal Jurisprudence — Burden of proof — Settled law — a suspicion, however grave it may be cannot take place of proof— there is a long distance between “may be” and “must be”, which must be traversed by the prosecution to prove its case beyond reasonable doubt. (Para 22) |
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Criminal Jurisprudence — Defective investigation vis-à-vis innocence of the accused — The accused cannot be expected to relinquish his innocence at the hands of an inefficacious prosecution, which is ridden with investigative deficiencies — The benefit of doubt arising out of such inefficient investigation, must be bestowed upon the accused —Evidence Act — S S 3 — Relevant fact. (Para 25) |
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Criminal Jurisprudence — CrPC — S 195 — IPC — Ss 463 — Cognizance of the offence u/s 463 and also the conspiracy on the report of police is specifically barred by the Court u/s 195, CrPC. (Para 9) |
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Criminal Jurisprudence — Rape — offence of — Establishing of — Presence of injuries on the person of the accused — relevance of — Held, though injuries are not must for establishing the offence of rape, however the medical evidence mostly provides the corroborative link. (Para 13) |
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