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RAJESH BINDAL, C. T. RAVIKUMAR
Bhaggi @ Bhagirath @ Naran – Appellant
Versus
State of Madhya Pradesh – Respondent
Headnote: Read headnote
ORDER :
1. The petitioner-convict seeks to assail the judgment dated 11.10.2018 of the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No. 5725 of 2018.
2. In troth, it is a common judgment in Criminal Reference No. 6/2018 submitted by the Trial Court under Section 366 of the Code of Criminal Procedure, 1973 (Cr.P.C.) for confirmation of the conviction under Section 376 AB of the Indian Penal Code, 1860 (IPC) as amended by Act No. 22 of 2018 and in Criminal Appeal No. 5725 of 2018 filed by the petitioner-convict herein aggrieved by the conviction and sentence imposed against him for certain other offences under the IPC, as also against the conviction under the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’). As per the impugned judgment, the capital punishment awarded for the conviction under Section 376 AB, IPC was not confirmed and it was commuted to imprisonment for life, which, going by the provisions thereunder, means imprisonment for the remainder of the convict’s natural life.
(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....
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....
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.
(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 emphasized the importance of imposing appropriate, just, and proportionate sentences commensurate with the nature and gravity of the crime, considering the principles of proportionality, de....
Important Point
Offence of rape is a heinous crime not only against individual but also against society at large.
Rape of girl child – Once a victim of rape, particularly, a child is found to be truthful in her deposition, said evidence is adequate to establish charge of commission of offence punishable under Se....
Sentence – Court has to balance scales of retributive justice and restorative justice.
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