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SANJAY K. AGRAWAL, ARVIND SINGH CHANDEL
In Reference of State of Chhattisgarh – Appellant
Versus
Madanlal Tekam S/o Ram Tekam – Respondent
JUDGMENT :
ARVIND SINGH CHANDEL, J.
1. The Special Judge for trial of the cases under the Protection of Children from Sexual Offences Act, 2012 (henceforth ‘the POCSO Act’) Bhanupratappur, Uttar Bastar Kanker vide judgment dated 30.10.2018 passed in Special Criminal Case (POCSO Act, 2012) No. 17 of 2017 convicted and sentenced the accused/Appellant as under:
| Conviction | Sentence |
| Under Section 363 of the Indian Penal Code | Rigorous imprisonment for 7 years and fine of Rs. 500 in default of payment thereof additional rigorous imprisonment for 3 months |
| Under Section 376(2)(i) of the Indian Penal Code | Imprisonment for life and fine of Rs. 1000 in default of payment thereof additional rigorous imprisonment for 6 months |
| Under Section 302 of the Indian Penal Code | Death sentence and fine of Rs. 1000 in default of payment thereof additional rigorous imprisonment for 6 months |
| Under Section 6 of the POCSO Act | In view of the provisions contained in Section 42 of the POCSO Act alternatively greater sentence is awarded under Section 376(2) |
Life sentence is rule and death sentence is an exception.
(1) Constitutional guarantees of equality before law, protection of life and personal liberty, protection in respect of conviction, and protection against arrest and detention, do not expand into a c....
The court held that death sentence should be imposed only in rarest of rare cases considering the possibility of rehabilitation, thereby modifying the sentence to rigorous imprisonment for 20 years.
In terms of Section 354(3) of Cr.P.C., it is clear that normally imprisonment for life is to be awarded and only in any exceptional circumstances death sentence is required to be awarded.
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....
Circumstantial evidence, particularly the 'last seen' principle, can suffice for conviction in rape and murder cases yet demands rigorous scrutiny for reliability.
The imposition of the death penalty requires the statutory provision of special reasons, and a balancing of aggravating and mitigating circumstances must be conducted.
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