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P. NAVEEN RAO, JUVVADI SRIDEVI
State of Telangana – Appellant
Versus
Shaik Babu – Respondent
JUDGMENT (COMMON)
Juvvadi Sridevi, J.—Death and if not life, death or life, life and if not death, is the swinging progression of the criminal jurisprudence in India, as far as the capital punishment is concerned. All murders shock the community; but certain murders shock the conscience of the Court as well as the community. The distinguishing aspect of the latter category is that there is shock coupled with extreme revulsion. However, Section 354(3) of the Code of Criminal Procedure, 1973, (for short, ‘Cr.P.C.’) mandates that when the conviction is for an offence punishable with death or, in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such sentence. In the words of Justice Krishna Iyer in Ediga Anamma Vs. State of Andhra Pradesh, AIR 1974 SC 799, the unmistakable shift in the legislative emphasis is that life imprisonment for murder is the rule and capital sentence is an exception to be resorted to, for the reasons
(1) Minor contradictions do not go to root of matter and destroy whole prosecution which is firmly made out against accused.(2) Protection guaranteed under Article 20(3) of Constitution of India does....
The court affirmed the death sentence for brutal rape and murder, emphasizing the need for strong judicial responses to restore public trust and safety.
(1) Evidence is only to be weighed and not to be counted – It is essentially, for prosecution to decide as to how many witnesses are to be examined to establish its case on any particular point.(2) D....
The imposition of the death penalty requires the statutory provision of special reasons, and a balancing of aggravating and mitigating circumstances must be conducted.
The court ruled that the death penalty is not warranted in this case, emphasizing the need for a balance between aggravating and mitigating circumstances, ultimately commuting the sentence to 30 year....
For conviction under circumstantial evidence, the complete chain implicating guilt must exclude reasonable doubt of innocence.
Circumstantial evidence, particularly the 'last seen' principle, can suffice for conviction in rape and murder cases yet demands rigorous scrutiny for reliability.
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