Tag: Mitigating Circumstances

Supreme Court Acquits Man in POCSO Death Penalty Case Citing Procedural Flaws
23Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Acquits Man in POCSO Death Penalty Case Citing Procedural Flaws

This Supreme Court judgment sets aside the appellant's conviction and death sentence, holding that the trial was vitiated due to a denial of fair trial rights, including inadequate legal representation and failure to provide documents. The prosecution's circumstantial evidence—last seen, CCTV footage, disclosure statements, and DNA reports—was found unreliable and unproven beyond reasonable doubt. Facts Of The Case: A seven-year-old girl went missing on February 5, 2017, from her residence in Chengalpet, Tamil Nadu, while her parents were out shopping. After an unsuccessful search, a missing persons report was filed. Investigations, including reviewing CCTV footage from a nearby temple, led the police to suspect the appellant, Dashwanth, a neighbour residing in the same building. He was ...
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Supreme Court Overturns Death Penalty, Acquits Accused in Child Rape-Murder Case Due to Flawed Evidence
28Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Overturns Death Penalty, Acquits Accused in Child Rape-Murder Case Due to Flawed Evidence

This Supreme Court judgment acquits the appellants, holding that in a case based purely on circumstantial evidence, the prosecution must establish a complete and unbroken chain of circumstances conclusively pointing to guilt. The Court found the evidence—including motive, last seen theory, and DNA reports—to be unreliable, incomplete, and failing to meet the standard of proof beyond a reasonable doubt required for a conviction, let alone the death penalty. Facts Of The Case: On November 20, 2014, a minor girl went missing from a wedding function at Sheeshmahal in Ramlila Maidan, Kathgodam, Uttarakhand. Her father lodged a missing report the next day. After an extensive search, her body was discovered on November 25, 2014, in a forest near the Gaula River, close to the venue. The post-mor...
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A New Lease on Life: Supreme Court Allows Death Penalty Review Based on New Mitigation Guidelines
29Sep By The Legal ChamberNo Comments
Supreme Court

A New Lease on Life: Supreme Court Allows Death Penalty Review Based on New Mitigation Guidelines

This Supreme Court judgment holds that its extraordinary power under Article 32 of the Constitution can be invoked to reopen the sentencing stage in death penalty cases that have attained finality. This is permissible to remedy a clear breach of the procedural safeguards for individualized sentencing mandated in Manoj v. State of M.P., which are integral to the fundamental rights under Articles 14 and 21. The Court clarified that such judicial declarations operate retrospectively. Facts Of The Case: The case concerns the petitioner, Vasanta Sampat Dupare, who was convicted and sentenced to death for the 2008 kidnapping, sexual assault, and murder of a four-year-old girl in Nagpur. His conviction and death sentence were confirmed by the High Court in 2012 and ultimately upheld by the Supr...
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Supreme Court Quashes FIR in Loan Case, Says Mere Default Doesn’t Make It a Crime
13Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Quashes FIR in Loan Case, Says Mere Default Doesn’t Make It a Crime

The Supreme Court held that a loan transaction creates a debtor-creditor relationship, and a mere breach of its terms does not automatically constitute criminal breach of trust under Section 405 IPC without evidence of dishonest intention. The Court clarified that such disputes, arising from commercial transactions, are primarily civil in nature and a preliminary inquiry is permissible before registering an FIR. Facts Of The Case: The appellant, a director of M/s Benlon India Ltd., availed three loans from the first respondent, Hero Fincorp, for purchasing machinery. While the first two loans were used for the intended purpose, a fire destroyed the plant shortly after the disbursement of the third loan. Consequently, this third loan was converted into an unsecured corporate loan. Benlon ...
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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 ...
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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...
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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...
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Supreme Court Upholds Life Sentence in Acid Attack Case but Reduces Term for Elderly Accused
29May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Life Sentence in Acid Attack Case but Reduces Term for Elderly Accused

The Supreme Court upheld the conviction of two appellants under Section 326A IPC for an acid attack, affirming the High Court’s ruling. While maintaining life imprisonment for the advocate (Accused No.2), it reduced the sentence of the elderly co-accused (Accused No.1) to 10 years, considering his age and health. The Court reiterated that concurrent findings of fact require no interference unless perverse or legally flawed, emphasizing strict scrutiny in acid attack cases. Procedural lapses in investigation were deemed non-fatal, and medical evidence conclusively established the victim’s injuries. The judgment underscores parity in sentencing while balancing aggravating and mitigating factors. Facts Of The Case: On June 8, 2014, at approximately 8:00 PM near Govind Nagar railway crossing...
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