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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
RAJIV GUPTA, RAM MANOHAR NARAYAN MISHRA
Bantu @ Shiv Shankar – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. factual overview of the incident and investigation. (Para 2 , 4 , 5 , 6 , 8) |
| 2. details on the victim's last known whereabouts. (Para 3 , 15 , 17 , 19 , 49) |
| 3. assessment of evidence and court's rationale. (Para 24 , 25 , 30 , 31 , 68) |
| 4. arguments by defense regarding investigation flaws. (Para 26 , 36 , 40) |
| 5. final rulings on sentencing and implications. (Para 62 , 66 , 72) |
JUDGMENT :
Ram Manohar Narayan Mishra, J.
1. Heard Sri Vinay Saran, learned Senior Advocate and Amicus Curiae assisted by Sri Pradeep Kumar Mishra, Ms. Beena Mishra, learned Amicus Curiae for the appellant and Sri A. N. Mulla, learned A.G.A., Sri Arun Kumar Pandey, learned A.G.A. and Sri S.S.Tiwary, learned A.G.A. for the State.
2. Learned Additional Session Judge/Special Judge, POCSO Act, Firozabad has made a Reference to this Court on 01.12.2020 under Section 366 of Cr.P.C., for confirmation of Capital punishment awarded to appellant, Bantu @ Shiv Shankar in PST No.1642 of 2019. The Reference has been registered as Reference No.01 of 2021. The Jail Appeal has also been filed by the convict as Capital Case No.01 of 2021). This reference and appeal have arisen out of judgment of trial court dated 0
Circumstantial evidence, particularly the 'last seen' principle, can suffice for conviction in rape and murder cases yet demands rigorous scrutiny for reliability.
(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 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....
Death sentence – Standardisation of sentencing would not be possible because no two criminal cases are identical and standardisation would leave no room for judicial discretion.
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) 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 upheld the conviction for kidnapping, gang rape, and murder but commuted the death penalty to life imprisonment due to lack of exceptional circumstances.
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