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Selvam v. State through Inspector of Police

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 1287 of 2011)Decided 2 May 2014
Criminal Appeal No. 1287 of 2011
Justice B.S. Chauhan · Justice J. Chelameswar · Justice M.Y. Eqbal

Background

A nine-year-old girl disappeared on her way to school and was later found dead. Selvam was convicted of rape, murder and related offences after his confession and discoveries were supported by witness and medical evidence. The trial court imposed death, which the High Court confirmed, and he challenged both guilt and punishment.

Decision Breakdown

The Court upheld the findings of guilt but converted the death sentence to life imprisonment. It found no sound reason to disbelieve the evidence that he carried away a bag, made a confession to the village administrative officer and led to recovery of the body and the child's belongings. The recovery witnesses and other evidence supported the prosecution case. In view of the circumstances, execution was replaced by a requirement to serve at least thirty years without remission. The order expressly remained subject to constitutional clemency powers.

Lesson Learnt

An appeal can leave a conviction intact while changing its punishment. The life sentence imposed here included a specific thirty-year minimum without remission, so it did not mean release after an ordinary fixed term.

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

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