SC commutes death sentence of rape and murder convict to life
TIMES NEWS NETWORK
New Delhi:13.12.2018
The Supreme Court on Wednesday commuted the death sentence to life in prison for a convict who had raped and murdered a threeyear old girl in Amravati in Maharashtra.
A bench of Justices Madan B Lokur, S Abdul Nazeer and Deepak Gupta said the trial court and Bombay high court had not taken into consideration the probability of reformation, rehabilitation and social re-integration of the convict into society and set aside their orders awarding death sentence. It said even in cases where there is no chance of reformation, the long duration of imprisonment beyond 14 years could be awarded instead of death sentence.
“We should not forget that the criminal, however ruthless he might be, is nevertheless a human being and is entitled to a life of dignity, notwithstanding his crime. Therefore, it is for the prosecution and the courts to determine whether such a person, notwithstanding his crime, can be reformed and rehabilitated. To obtain and analyze this information is certainly not an easy task but must nevertheless be undertaken,” the bench said.
The court was hearing a plea of the convict who was awarded death sentence by a trial court in Amravati in September 2008 for raping and murdering a 3-year-old girl in 2007. The lower court’s verdict was upheld by the high court in 2009.
The court said there is no conclusive study on deterrent impact of death sentence and that it has a chilling effect.
Even in cases where there is no chance of reformation, the long duration of imprisonment beyond 14 years could be awarded instead of death sentence
SUPREME COURT
On reducing death sentence
TIMES NEWS NETWORK
New Delhi:13.12.2018
The Supreme Court on Wednesday commuted the death sentence to life in prison for a convict who had raped and murdered a threeyear old girl in Amravati in Maharashtra.
A bench of Justices Madan B Lokur, S Abdul Nazeer and Deepak Gupta said the trial court and Bombay high court had not taken into consideration the probability of reformation, rehabilitation and social re-integration of the convict into society and set aside their orders awarding death sentence. It said even in cases where there is no chance of reformation, the long duration of imprisonment beyond 14 years could be awarded instead of death sentence.
“We should not forget that the criminal, however ruthless he might be, is nevertheless a human being and is entitled to a life of dignity, notwithstanding his crime. Therefore, it is for the prosecution and the courts to determine whether such a person, notwithstanding his crime, can be reformed and rehabilitated. To obtain and analyze this information is certainly not an easy task but must nevertheless be undertaken,” the bench said.
The court was hearing a plea of the convict who was awarded death sentence by a trial court in Amravati in September 2008 for raping and murdering a 3-year-old girl in 2007. The lower court’s verdict was upheld by the high court in 2009.
The court said there is no conclusive study on deterrent impact of death sentence and that it has a chilling effect.
Even in cases where there is no chance of reformation, the long duration of imprisonment beyond 14 years could be awarded instead of death sentence
SUPREME COURT
On reducing death sentence
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