Tag: Life Imprisonment

Betrayal of Trust is Demonic: Supreme Court’s Powerful Stand on Incest & POCSO Act Upholds Life Term for Father Who Raped Minor Daughter
29Aug By The Legal ChamberNo Comments
Supreme Court

Betrayal of Trust is Demonic: Supreme Court’s Powerful Stand on Incest & POCSO Act Upholds Life Term for Father Who Raped Minor Daughter

The Supreme Court upheld the conviction under POCSO Act Section 6 and IPC Section 506, affirming the statutory presumption of guilt under Section 29. It emphasized that a child victim's credible testimony requires no corroboration and denied bail, highlighting the severity of familial sexual abuse and the imperative for stringent punishment. Facts Of The Case: The case involved the appellant, Bhanei Prasad @ Raju, who was convicted for repeatedly committing aggravated penetrative sexual assault on his own minor daughter. The victim was approximately ten years old at the time of the incidents, which were not isolated but constituted sustained assaults within the family home. The prosecution case was built primarily on the unwavering and credible oral testimony of the victim (PW-3), ...
Read More
Supreme Court Upholds Life Sentence: Daughter’s Testimony Convicts Father in Wife’s Murder
26Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Life Sentence: Daughter’s Testimony Convicts Father in Wife’s Murder

The Supreme Court upheld the conviction under Section 302 IPC, affirming the reliability of a child witness. It ruled that the accused's mere denial under Section 313 CrPC was insufficient to discharge his burden under Section 106 of the Evidence Act to explain the circumstances of his wife's death within their home. Facts Of The Case: The case involved the murder of Smt. Ranjana by her husband, the accused-appellant Manohar Keshavora Khandate, within their home in Amravati. The prosecution's case rested primarily on the eyewitness account of their nine-year-old daughter (PW-3). She testified that on the night of the incident, she was sleeping beside her mother when she was awakened by a commotion. She found her father sitting nearby her mother, whose body was covered with a chaddar. The...
Read More
Supreme Court Upholds Acquittal: Doubtful Dying Declaration Cannot Secure Murder Conviction
26Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Acquittal: Doubtful Dying Declaration Cannot Secure Murder Conviction

The Supreme Court upheld the acquittal, emphasizing the well-settled principle that an appellate court should not interfere with an acquittal unless the findings are perverse and the only possible view is of guilt. The Court found the prosecution's evidence, particularly the dying declaration, unreliable due to material contradictions and the victim's precarious medical condition, making the case fit for the application of the benefit of doubt. Facts Of The Case: Based on the accusation of Poona Bai (PW-10), the prosecution's case was that on March 10, 2003, the accused-respondent, Ramveer Singh, forcibly entered their house and set her granddaughter, Badami Bai, on fire by pouring kerosene on her. The alleged motive was retaliation for a rape complaint filed against the accused's son by...
Read More
Supreme Court Reduces Life Term in POCSO Case, Cites Constitutional Protection Against Harsher Retroactive Penalties
23Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Reduces Life Term in POCSO Case, Cites Constitutional Protection Against Harsher Retroactive Penalties

The Supreme Court upheld the conviction under Section 6 of the POCSO Act but modified the sentence. Relying on Article 20(1) of the Constitution, it held that the enhanced punishment of imprisonment for the remainder of natural life, introduced by the 2019 amendment, could not be applied retrospectively to an offence committed prior to its enactment. Facts Of The Case: On May 20, 2019, the appellant, Saturam Mandavi, was accused of luring a five-year-old girl to his house and raping her while her parents were away attending a marriage ceremony in the village. The victim's mother, upon returning and being unable to locate her daughter, confronted the appellant at his house, after which he fled. An FIR was subsequently registered against him. The Trial Court convicted the appellant under S...
Read More
Motive vs. Reform : Supreme Court Commutes Death Penalty Despite ‘Beastly’ Murders
12Aug By The Legal ChamberNo Comments
Supreme Court

Motive vs. Reform : Supreme Court Commutes Death Penalty Despite ‘Beastly’ Murders

The Supreme Court upheld the conviction of the appellant under Section 302 IPC for the brutal murder of five family members, affirming the concurrent findings of the lower courts. While acknowledging the crime's heinous nature, the Court commuted the death sentence to life imprisonment without remission, citing mitigating factors such as the appellant's potential for reformation, lack of criminal antecedents, and satisfactory prison conduct. The judgment emphasized adherence to the "rarest of rare" doctrine and the necessity of comprehensive sentencing considerations, including psychological and social background reports, as outlined in Bachan Singh and Manoj v. State of M.P.. The Court balanced the gravity of the offense with the principle of reformative justice. Facts Of The Case: The ...
Read More
DNA Evidence & Last Seen Theory : Supreme Court Commutes Death Penalty to Life in Child Rape-Murder Case
12Aug By The Legal ChamberNo Comments
Supreme Court

DNA Evidence & Last Seen Theory : Supreme Court Commutes Death Penalty to Life in Child Rape-Murder Case

The Supreme Court upheld the conviction of the accused under Sections 376, 377, 302 IPC and Section 5/6 POCSO Act for the sexual assault and murder of a minor. However, it commuted the death penalty to life imprisonment, ruling that the case did not meet the "rarest of rare" standard due to insufficient consideration of mitigating circumstances and rehabilitation potential. The Court emphasized the necessity of balancing aggravating and mitigating factors before imposing capital punishment, following precedents like Mohd. Farooq Abdul Gafur and Gudda v. State of M.P., while affirming the reliability of DNA evidence and the last-seen theory in securing conviction. Facts Of The Case: The case involved the brutal sexual assault and murder of a 10-year-old girl in Dehradun, Uttarakhand. On 2...
Read More
Forced Marriage to Murder: The Shocking Case of Kum. Shubha & the Tragic Crime
4Aug By The Legal ChamberNo Comments
Supreme Court

Forced Marriage to Murder: The Shocking Case of Kum. Shubha & the Tragic Crime

The Supreme Court upheld the conviction of the appellants under Section 302 read with Section 120-B IPC for conspiring to murder the deceased, relying on circumstantial evidence, including Call Detail Records (CDRs) and motive established through witness testimonies. The Court clarified the admissibility of electronic evidence under Section 65-B of the Evidence Act and emphasized that constitutional powers under Article 161 (pardoning power of the Governor) remain exercisable despite statutory remission rules. The judgment reaffirmed the principles of Sharad Birdhichand Sarda for circumstantial evidence while dismissing appeals but allowed the convicts to seek pardon. Facts Of The Case: In December 2003, Kum. Shubha (A-4), a 20-year-old law student, was engaged to B.V. Girish (deceased),...
Read More
Supreme Court : From Life Imprisonment to 20 Years Young Offenders Get Relief in POCSO Case
12Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court : From Life Imprisonment to 20 Years Young Offenders Get Relief in POCSO Case

The Supreme Court of India granted leave to appeal against a High Court judgment dated April 26, 2024, which affirmed the conviction of appellants under various sections of the IPC and Section 6 of the POCSO Act, 2012, including imprisonment for life. While upholding the conviction, the Supreme Court partially allowed the appeals, reducing the sentence from life imprisonment (remainder of natural life) to twenty years of rigorous imprisonment based on Section 6 of the POCSO Act and considering the appellants' age and incarceration period. Facts Of The Case: Pintu Thakur @ Ravi and other appellants were convicted by the Additional Sessions Judge, Fast Track Special Court (POCSO Act), Ramanujganj, District Balrampur, in Special Sessions (POCSO) Case No. 36/2020. This conviction was subse...
Read More
Affidavits & Fair Trial: Why the Supreme Court Overturned a Murder Conviction
12Jun By The Legal ChamberNo Comments
Supreme Court

Affidavits & Fair Trial: Why the Supreme Court Overturned a Murder Conviction

The Supreme Court acquitted the appellants, setting aside their conviction under Sections 302 and 307 read with Section 34 of the IPC, due to serious doubts about the prosecution's case. The investigation was deemed unfair because the investigating officer suppressed affidavits from three eyewitnesses (PW-5, PW-6, PW-7) that favored the accused, and failed to conduct further investigation based on these affidavits. The Court found it unsafe to convict solely on PW-4's testimony given the suppressed material. Facts Of The Case: Sakhawat and Mehndi, appellant nos. 1 and 2 respectively, appealed a judgment from the High Court of Allahabad dated October 9, 2018, which upheld their conviction for offenses under Section 302 and Section 307 read with Section 34 of the Indian Penal Code, 1860 (I...
Read More
From Life Imprisonment to Freedom: Supreme Court Cites “Misreading of Evidence” in Acquittal
11Jun By The Legal ChamberNo Comments
Supreme Court

From Life Imprisonment to Freedom: Supreme Court Cites “Misreading of Evidence” in Acquittal

The Supreme Court, exercising its appellate jurisdiction under Article 136, set aside the concurrent convictions of the appellants, finding that the Trial Court and High Court had misread and ignored striking features of the prosecution's evidence. The Court highlighted issues with witness credibility, unexplained delays in statements, and unreliable corroborating evidence, concluding that guilt was not proven beyond reasonable doubt Facts Of The Case: In 2011, the wife of PW-1 won the Panchayat Board elections, a position held by Accused No. 1's family for approximately four decades. This led to numerous skirmishes between the two sides in the months following the elections. On the night of November 14, 2012, PW-1's brother (Deceased No. 1), his son (Deceased No. 2), and daughter (PW-9)...
Read More