A. M. KHANWILKAR, DINESH MAHESHWARI, C. T. RAVIKUMAR
Manoj Pratap Singh – Appellant
Versus
State Of Rajasthan – Respondent
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. (!) (!)
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
Viran Gyanlal Rajput v. State of Maharashtra
Babasaheb Maruti Kamble v. State of Maharashtra
Nand Kishore v. State of Madhya Pradesh
Central Bureau of Investigation v. Sakru Mahagu Binjewar & Ors.
Bachan Singh v. State of Punjab
Machhi Singh &Ors. v. State of Punjab
Santosh Kumar Satishbhushan Bariyar v. State of Maharashtra
Shatrughna Baban Meshram v. State of Maharashtra
Vasanta Sampat Dupare v. State of Maharashtra
Vasanta Sampat Dupare VS State of Maharashtra
Swamy Shraddananda (2) v. State of Karnataka
Ramaniklal Gokaldas and Ors. v. State of Gujarat
Mst. Dalbir Kaur and Ors. v. State of Punjab
Hari & Anr. v. The State of Uttar Pradesh
Sharad Birdhichand Sarda v. State of Maharashtra
Hanumant v. State of Madhya Pradesh
Jagmohan Singh v. The State of U.P.
Rajendra Prasad v. State of Uttar Pradesh
Shankar Kisanrao Khade v. State of Maharashtra
Union of India v. V. Sriharan Alias Murugan and Ors.
Rajendra Pralhadrao Wasnik v. State of Maharashtra
Ravishankar Alias Baba Vishwakarma v. State of Madhya Pradesh
Shatrughna Baban Meshram v. State of Maharashtra
Ashok Debbarma alias Achak Debbarma v. State of Tripura: (2014) 4 SCC 747 – Relied [Para 48.2.1.]
Anil @ Anthony Arikswamy Joseph v. State of Maharashtra: 2014 (4) SCC 69 – Relied [Para 56.1]
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