SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(SC) 543

A. M. KHANWILKAR, DINESH MAHESHWARI, C. T. RAVIKUMAR
Manoj Pratap Singh – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
For the Appellant(s) :A. Sirajudeen, Manjeet Chawla, Advocates
For the Respondent(s):Manish Singhvi, Arpit Parkash, D. K. Devesh, Advocates

Judgement Key Points

Key Points: - The judgment discusses that life imprisonment is the normal rule and death penalty is an exception, to be given only in rarest of rare cases with special reasons, after balancing aggravating and mitigating factors. (!) (!) - It outlines the three core tests for sentencing in capital cases: crime test (aggravating circumstances of the offense), criminal test (mitigating circumstances related to the offender and chance of rehabilitation), and the rarest of rare test (societal conscience). (!) (!) - It confirms that Section 235(2) CrPC requires pre-sentence hearing and that the court must state reasons, with "special reasons" required for death sentences. (!) (!) - It rejects the theory of residual doubt for circumstantial cases at the sentencing stage, while emphasizing careful balancing of aggravating and mitigating factors. (!) (!) - It emphasizes that sentencing must be conducted under the procedure established by law, and higher courts may review for errors of law or process but not reweigh concurrent factual findings except in exceptional circumstances. (!) (!)

What is the standard for awarding death penalty in cases involving rape and murder of a child in light of constitutional and statutory sentencing requirements?

What are the factors (crime test, criminal test, rarest of rare) considered to determine whether death sentence should be maintained or converted to life imprisonment?

What procedural safeguards and considerations (pre-sentence hearing, special reasons, and procedure established by law) govern capital punishment in murder offenses?


JUDGMENT : :

Dinesh Maheshwari, J.

Table of Contents

Preliminary

Relevant factual and background aspects

The Evidence

The Trial Court found the appellant guilty and awarded death sentence

Deceased aged 7 ½ years, mentally and physically challenged

Deceased last seen with the appellant

Discoveries on the information of appellant

Medical evidence

Report of FSL

Defence contentions rejected

Chain of circumstances complete

Death sentence by the Trial Court

High Court confirmed the death sentence awarded to the appellant

Rival Submissions

The scope and width of these appeals

Procedural questions relating to investigation and trial

Concurrent findings of fact: whether requiring interference?

Whether death sentence be maintained or substituted by any other sentence

Death sentence: Evolution of principles and norms

The theory of residual doubt

The crime and criminal tests: Aggravating and Mitigating circumstances of the present case

Conclusion

Prelimi


Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top