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P. B. SURESH KUMAR, S. MANU
State of Kerala – Appellant
Versus
Muhammed Ameer-Ul Islam – Respondent
We are called upon in these cases to adjudicate the sustainability of the conviction and the death sentence imposed on the accused in a horrifying case of rape and murder. The facts are deeply disturbing and represent an egregious violation of human dignity and sanctity of life, for after committing rape in an inhumane manner, the victim has also been murdered horrendously. Its impact on the society was profound and far reaching as it instilled not only fear, but also a sense of vulnerability, particularly amongst women. It eroded the trust reposed in institutions responsible for ensuring public safety. It sparked public outrage and calls for justice, leading to demands for reforms in law, policies and social attitudes towards violence against women and vulnerable groups. No doubt, social impact of a crime of this nature needs to be tackled through a multifaceted approach including judicial response by holding the perpetrators accountable through a fair trial and appropriate sentencing, in order to give a strong message that such acts will not be tolerated by the society. Let us examine the sustainability of the conviction and sentence imposed on the accused, keeping in mind the b
The imposition of the death penalty requires the statutory provision of special reasons, and a balancing of aggravating and mitigating circumstances must be conducted.
(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....
(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 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.
For conviction under circumstantial evidence, the complete chain implicating guilt must exclude reasonable doubt of innocence.
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