The Apex Court has agreed to have a re-look at death sentence awarded to one Vasanta Sampat Dupare who was convicted for rape and murder of a 4 year old. The Bench comprising of Justices Dipak Misra, RF Nariman and U U Lalit will hear his review plea against its judgment delivered in 2014 wherein his death penalty awarded by Bombay High Court was affirmed.
‘"We will grant you an opportunity of hearing but that should be on practical applicability (of legal proposition). What will happen in future, we don't know,” the bench reportedly told the counsel appearing for the review petitioner. The Counsel argued that, accused was not heard at the point of sentence by the trial court which was a serious legal flaw that needed to be rectified.
Regarding the submission of the counsel for the petitioner, that he was petitioner certain exhibits have not been supplied to him, the Court told the state to o file the copies of the same within three weeks. The petition will be heard at 2.00 p.m. on 31st August 2016.
Two years ago, Vasanta Sampat Dupare had approached the Supreme Court after the death sentence awarded by Additional Sessions Judge, Nagpur for raping and causing death of a four-year-old girl was confirmed by the High Court. However, the Apex Court had dismissed his appeal and maintained the death sentence. Read Live Law report here.
The Apex Court bench had made following observation while dismissing his appeal “It is inconceivable from the perspective of the society that a married man aged about two scores and seven make a four year minor innocent girl child the prey of his lust and deliberately cause her death. A helpless and defenceless child gets raped and murdered because of the acquaintance of the appellant with the people of the society. This is not only betrayal of an individual trust but destruction and devastation of social trust. It is perversity in its enormity. It irrefragably invites the extreme abhorrence and indignation of the collective. It is an anathema to the social balance. In our view, it meets the test of rarest of the rare case and we unhesitatingly so hold”
In a landmark judgment delivered by Constitution Bench of the Apex Court, it had extended the scope of Article 21 of the Constitution of India by holding that hearing of cases in which death sentence has been awarded should be by a Bench of three Judges and the hearing of Review Petitions in death sentence cases should not be by circulation but should only be in open Court.Read more about it in this Live Law report.
Read the order here.