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Criminal LawSupreme Court of India

Viran Gyanlal Rajput v. The State of Maharashtra

Criminal Appeal · 2018 INSC 1156Decided 5 Dec 2018
Criminal Appeal Nos. 1558-1559 of 2018
Justice N.V. Ramana · Justice Mohan M. Shantanagoudar · Justice Hemant Gupta

Background

The appellant was convicted by a Sessions Court of kidnapping, raping and murdering a 13-year-old girl, and of destroying evidence, based on circumstantial evidence including his being seen following the victim, recovery of her body and clothes at his instance, and forensic findings. The Bombay High Court confirmed his death sentence (while setting aside one subsidiary POCSO conviction for want of a specific charge). He appealed to the Supreme Court against both the conviction and the death sentence.

Decision Breakdown

The Supreme Court examined the chain of circumstantial evidence, eyewitness sightings, recovery of the body and clothing at the appellant's instance, medical evidence of strangulation and sexual assault, and scratch marks on the appellant consistent with the victim's resistance, and held the prosecution had proved its case, affirming the conviction. On sentencing, however, the Court held that while the crime was abominable, it did not meet the "rarest of rare" threshold required under the Bachan Singh/Machhi Singh framework for the death penalty, noting the appellant's young age, absence of prior criminal history, and that reform was not shown to be impossible. It therefore commuted the death sentence to life imprisonment, but, given the gravity of the offence and lack of remorse, restricted the appellant's eligibility to seek remission for a minimum of 20 years.

Lesson Learnt

Even in horrific crimes, India's death penalty can only be imposed in the rarest-of-rare cases where life imprisonment is demonstrably and totally inadequate; courts must weigh both the brutality of the crime and the possibility of the convict's reform before choosing between death and a long, remission-restricted life sentence.

Viran Gyanlal Rajput v. The State of Maharashtra – Legal Case Shots | LegalAware