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Criminal LawSupreme Court of India

Rajendra Prahladrao Wasnik v. State of Maharashtra

Review Petition (Criminal) · 2018 INSC 1194Decided 12 Dec 2018
Review Petition (Criminal) Nos. 306-307 of 2013
Justice Madan B. Lokur · Justice S. Abdul Nazeer · Justice Deepak Gupta

Background

The petitioner was convicted of the rape and murder of a three-year-old girl in 2007 and sentenced to death, a sentence upheld by the Bombay High Court and, on appeal, by the Supreme Court. He filed review petitions asking the Court to revisit its own earlier confirmation of the death sentence, principally on the ground that the possibility of his reform and rehabilitation had never been properly examined, and that the trial court had wrongly held his other pending (unproven) criminal cases against him while sentencing.

Decision Breakdown

The Court held that no material had ever been placed before any court, trial, High Court, or Supreme Court, on whether the petitioner could realistically be reformed or rehabilitated, which Bachan Singh v. State of Punjab requires before a death sentence can be imposed. It further held that the prosecution's failure to produce available DNA evidence should be held against it, and that it was legally wrong for the trial judge to treat merely pending, unproven cases against the petitioner as an aggravating factor, since that violates the presumption of innocence. Weighing these errors against the gravity of the crime and later developments (other convictions that came to light after the original sentencing), the Court commuted the death sentence to life imprisonment, directing that the petitioner not be released from custody for the remainder of his natural life.

Lesson Learnt

Before a death sentence is imposed or upheld, courts must have real evidence before them on whether the convict can be reformed, and a person's pending, unproven criminal cases cannot be used against them at sentencing, because everyone remains entitled to the presumption of innocence until actually convicted.

Rajendra Prahladrao Wasnik v. State of Maharashtra – Legal Case Shots | LegalAware