K.S.RADHAKRISHNAN, MADAN B.LOKUR
Shankar Kisanrao Khade – Appellant
Versus
State of Maharashtra – Respondent
Certainly. Based on the provided legal document, here are the key points summarized:
The case involves a gruesome murder and repeated acts of sexual assault on a minor girl with moderate intellectual disability, leading to her death by strangulation (!) (!) .
The evidence overwhelmingly establishes the guilt of the accused, including eyewitness testimony, medical findings, and the last seen theory, which links the accused directly to the crime (!) (!) (!) .
The medical evidence confirms that the victim was subjected to multiple acts of sexual assault and that her death resulted from asphyxia due to strangulation [p_33–p_41].
The case is considered to fall under the category of "rarest of rare cases" due to the heinous nature of the crime, the vulnerability of the victim, and the brutality involved, warranting the imposition of the death penalty (!) (!) .
The court emphasizes the importance of balancing aggravating and mitigating circumstances but clarifies that the primary consideration for awarding death is the "crime test," which must be fully satisfied, and the "criminal test," which should not favor the accused (!) (!) .
The standard for the death penalty is that it should be reserved for cases that are truly exceptional, where the brutality of the crime shocks societal conscience, and the case fits within the "rarest of rare" criteria (!) (!) (!) .
The judgment discusses that the death sentence can be converted to life imprisonment based on factors such as the age of the accused, lack of prior criminal record, potential for reformation, and absence of future threat to society [p_195–p_197].
The document highlights discrepancies in how the death penalty is applied by courts versus the executive, noting that the standard for awarding the death penalty by the judiciary is based on the "rarest of rare" principle, but the executive's decisions for commutation may be influenced by other unknown factors (!) (!) .
It underscores the importance of establishing clear jurisprudential principles for awarding and commuting death sentences to avoid arbitrary or judge-centric decisions, advocating for a consistent and transparent approach (!) (!) .
The final decision in this case is to uphold the conviction but convert the death penalty into a life sentence, with all sentences to run consecutively, emphasizing the severity of the crime but also the need for clarity and consistency in sentencing standards (!) (!) (!) .
Please let me know if you need further analysis or specific legal advice based on these points.
Judgment
K.S. Radhakrishnan, J.
1. We are in these appeals concerned with a gruesome murder of a minor girl with intellectual disability (moderate) after subjecting her to series of acts of rape by a middle ager, who has now been sentenced to death by the High Court of Bombay.
2. Appellant, Shankar Kisanrao Khade (Accused No.1) and his present wife Mala Shankar Khade (Accused No.2) were charge sheeted, for the offences punishable under Sections 363, 366-A, 376, 302, 201 read with Section 34IPC, for having, in furtherance of their common intention, kidnapped a minor girl and accused No.1 had committed rape on her several times and committed the murder by strangulation. The Additional Sessions Court in Sessions Case No. 165/2006 convicted the first accused and sentenced him to death under Section 302 IPC, subject to confirmation by the High Court and was also awarded imprisonment for life and to pay a fine of Rs.1,000/- in default to suffer rigorous imprisonment (for short RI) for six months for offences under Section 376 IPC, further seven years RI and to pay a fine of Rs.500/- in default
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