2024-08-08
Subject:
ORDER
1. The application seeking permission to allow a mitigation investigator is allowed.
2. These proceedings arise from the judgment dated 11 th October, 2018 of the High Court of Uttar Pradesh in Capital Sentence Case No. 03 of 2024 and Criminal Appeal No. 444 of 2014. The High Court, vide impugned judgment, upheld the conviction and confirmed the death sentence awarded to the accused-appellant by the Trial Court.
3. The execution of the death sentence shall remain stayed pending the hearing and final disposal of the present appeal.
4. The original record of the case be summoned from the High Court and the Trial Court. A copy of the translated records shall be supplied to the counsel for the parties.
5. In view of the orders passed by this Court in matters involving capital punishment, we issue the following directions:
6. All the reports shall be duly compiled and placed before this Court on the next date of hearing.
7. Learned counsel for the parties to assist the Registry in pagination of the record.
8. List these matters after 16 weeks.
(DEEPAK SINGH) (ANJU KAPOOR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
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The court emphasized the importance of assessing the character and behavior of the accused, obtaining psychological evaluations, and allowing access to mitigating circumstances before making a final ....
The court emphasized the importance of a psychological evaluation and the collection of relevant information for sentencing purposes.
The court established that the High Court has a duty to proactively gather and consider mitigating circumstances in death penalty cases, ensuring compliance with the procedural mandates of the Cr.P.C....
Sections 235(2) and 354(3) of Cr.P.C mandates sentencing court to enquire into mitigating circumstances as well as to foreclose possibility of reformation and rehabilitation before imposing death pen....
Trial courts are foreclosed from imposing such a modified or specific term sentence, or life imprisonment for the remainder of convict’s life, as an alternative to death penalty.
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