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Raja v. The State of Maharashtra

Criminal Appeal · 2018 INSC 947Decided 10 Oct 2018
Criminal Appeal No. 1419 of 2011
Justice Kurian Joseph · Justice S. Abdul Nazeer

Background

The appellant was convicted of murdering his own brother, based on circumstantial evidence, an extra-judicial confession, and recovery of evidence. Both the Trial Court and the High Court had upheld the conviction and life sentence after detailed review of the evidence.

Decision Breakdown

The Supreme Court found no reason to disturb the concurrent findings of guilt by the Trial Court and High Court, noting that all the evidence pointed only to the appellant. However, taking into account that the appellant had already served around 11 years in jail (which would amount to about 14 years with remission), the Court directed the State to specially consider him for premature release once he completed 14 years including remission, and ordered his release on a self-bond if the State delayed that decision. Subject to this direction, the appeal itself was dismissed.

Lesson Learnt

Even while upholding a murder conviction, the Supreme Court can direct the State to specially consider an inmate's premature release based on time already served, sentencing and post-conviction relief are treated as distinct from the question of guilt.

Official source (sci.gov.in)View Judgment (PDF)

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