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M. R. SHAH, S. RAVINDRA BHAT
State of Rajasthan – Appellant
Versus
Komal Lodha – Respondent
Headnote: Read headnote
ORDER :
M.R. Shah, J.
1. Feeling aggrieved and dissatisfied with impugned judgment and order dated 11.05.2022 passed by the High Court of Judicature for Rajasthan Bench at Jaipur in D.B. Criminal Death Reference No. 6/2019 connected with D.B. Criminal Appeal (DB) No. 374/2019, by which, on remanding the matter by this Court, the Division Bench of the High Court has commuted the death penalty to life imprisonment, the State has preferred the present appeals. The State is also aggrieved of the observations made by the High Court in paragraph 42 in the impugned judgment and order.
2. The facts leading to the present appeals in a nutshell are as under:
2.1 That the respondent – accused was convicted for the offence punishable under Section 302 IPC. The learned Trial Court awarded the death penalty. However, the High Court has commuted the death penalty to life imprisonment mechanically and without considering the aggravating and mitigating circumstances which
Judicial discipline requires that once conviction was confirmed by Supreme Court that too after hearing accused, High Court should not have thereafter made any comment on merits of case.
The sentencing option of imprisonment for life without the possibility of remission or commutation is available to both the trial court and the High Court, but not to the Supreme Court unless it is e....
Undue leniency in sentencing shakes public confidence in criminal justice system, deterrent effect may not be there – Rights of victim and his family members are also to be considered.
Capital punishment can only be imposed in 'rarest of rare' cases, and mitigating factors such as the age of the offender can influence commutation of death sentences.
(1) Kidnapping and rape of girl child – When a sentence of imprisonment for a term not less than 20 years which may extend upto life imprisonment is imposed, convict is also liable to suffer a senten....
Procedural safeguards in remission applications must be strictly followed, and reliance on insufficiently reasoned opinions can render decisions unsustainable.
(1) Life sentence – When an offender is sentenced to undergo imprisonment for life, incarceration can continue till end of life of accused – However, it is subject to grant of remission under provisi....
The court ruled that while death penalty can be imposed, it should be reserved for exceptional circumstances; in this case, the intent was not premeditated, thereby commuting the death sentence to li....
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