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RITU BAHRI, ALOK KUMAR VERMA
State of Uttarakhand – Appellant
Versus
Yusuf alias Sonu, S/o. Sri Jayad Hussain – Respondent
| Table of Content |
|---|
| 1. court affirms severe penalties for heinous crimes. (Para 1 , 6 , 25) |
| 2. medical evidence substantiates severity of the crime. (Para 22 , 23) |
| 3. judicial discretion is vital in considering commutation. (Para 27 , 60) |
JUDGMENT :
(Ritu Bahri, CJ.) :
The present Reference has been sent by the Special Judge/Sessions Judge, Tehri Garhwal in judgment and order dated 27th April, 2018 passed in SST No. 46 of 2016 State vs. Yusuf @ Sonu, whereby respondent-Yusuf alias Sonu has been convicted under Sections 376(2) and 302 of the INDIAN PENAL CODE (for short ‘IPC’) with death penalty.
2. Criminal Appeal No. 167 of 2018 has also been filed by the convict (Yusuf alias Sonu) against the judgment and order dated 27th April, 2018 passed by the Special Judge/Sessions Judge, Tehri Garhwal in Special Sessions Trial No. 46 of 2016 State vs. Yusuf alias Sonu, whereby the appellant has been convicted and sentenced under Section 376(2)(i) of IPC to undergo imprisonment for life with a fine of Rs. 50,000/- and under Section 302 of IPC with death sentence and fine of Rs. 50,000/-.
3. An FIR (Exhibit A-1) was registered on the complaint made by Anita, wife of Bhim Singh, on 11.03.2016. As per
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(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....
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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 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....
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