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ABHAY S. OKA, SANJAY KUMAR
Ravinder Singh – Appellant
Versus
State Govt. of NCT of Delhi – Respondent
Headnote: Read headnote
JUDGMENT :
Sanjay Kumar, J.
1. Convicted and sentenced for the dastardly and most depraved of offences – the rape of his own 9-year-old daughter, the appellant is before this Court.
2. By judgment dated 18.02.2013 in Sessions Case No. 01 of 2013, the learned Additional Sessions Judge (Special Fast Track Court), Dwarka Courts, New Delhi, held the appellant guilty under Sections 376, 377 and 506 IPC. By order of sentence dated 23.02.2013, the appellant was imposed with imprisonment for life under Section 376 IPC and payment of fine of Rs.25,000/-; imprisonment for life under Section 377 IPC and payment of fine of Rs.25,000/-; and rigorous imprisonment for 2 years under Section 506 IPC along with payment of fine of Rs.10,000/-. Default in payment of fines entailed further periods of imprisonment. In addition thereto, the learned Additional Sessions Judge directed that the appellant should not be given any clemency by the State before he spent at least 20 years in jail. In appeal, a Division Bench of the Delhi High Court up
Life sentence – A special category of sentence, instead of death, can be substituted by punishment of imprisonment for life or for a term exceeding 14 years and that category can be put beyond applic....
(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....
(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....
The court modified the life imprisonment sentence to 18 years for rape, emphasizing the need to consider mitigating circumstances alongside the severity of the crime.
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.
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....
Quantum of sentence – There can be no straitjacket formulae – A delicate balance has to be struck – Fundamental underpinning is principle of proportionality.
Sessions Court cannot impose life sentence for rest of life of accused. High Court can impose such sentence.
Trial courts are foreclosed from imposing such a modified or specific term sentence, or life imprisonment for the remainder of convict’s life, as an alternative to death penalty.
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