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PUSHPENDRA SINGH BHATI, RAJENDRA PRAKASH SONI
State of Rajasthan-State – Appellant
Versus
Nokharam @ Bharmaram – Respondent
JUDGMENT :
(Pushpendra Singh Bhati, J.)
The accused-appellant in this appeal, through Jail, has been convicted and sentenced as below vide judgment of conviction dated 23.09.2021 and order of sentence dated 27.09.2021 (in Special Sessions Case No.42/2020 - CIS No.42/2020 - State of Rajasthan v. Nokaram @ Bharmaram), passed by the learned Special Judge, Protection of Children from Sexual Offences Act, 2012 Cases & Commission for Protection of Child Rights Act, 2005 Cases, Sirohi.
| Offence | Sentence |
| Section 5 (j)(iv)(m)/6 of Protection of Children from Sexual Offences Act, 2012 (in short, ‘POCSO Act’) Alternatively, under Section 376(a)(ab) IPC. AND Section 302 of the Indian Penal Code (in short, ‘IPC’) | Death Sentence |
1.1. As indicated above, the accused-appellant had been convicted under the aforementioned offences, and while doing so, the learned Trial Court, being the Court of Sessions, had passed the death sentence against the accused-appellant vide the impugned judgment of conviction and order of sentence, therefore, in accordance with Section 366 of the Code of Criminal Procedure, 1973, and thus, the matter has been submitted before this Hon'ble High Court for confirm
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....
The court ruled that corroborative evidence is essential in murder cases, especially when convicting based on eyewitness testimony.
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 affirmed multiple convictions for murder and conspiracy, emphasizing the nature of the crimes and the relationship between the accused as central to the ruling.
The court ruled that the death penalty is an exception, emphasizing the need for considering the possibility of reformation and rehabilitation of the accused, leading to a modification of the sentenc....
(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 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.
The judgment underscores the importance of a complete chain of circumstantial evidence and the evidentiary weight of DNA analysis in securing a conviction for serious crimes.
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