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We Feel Somewhat Reluctant In Endorsing The Death Sentence: SC Commutes Death Penalty Awarded To 'Tutor' [Read Order]

Ashok Kini
23 Feb 2019 8:27 AM GMT
We Feel Somewhat Reluctant In Endorsing The Death Sentence: SC Commutes Death Penalty Awarded To Tutor [Read Order]
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"Undoubtedly, the offence committed by the accused/appellant deserves serious condemnation and is the most heinous crime, but on considering the cumulative facts and circumstances of the case, we do not think that the instant case falls in the category of the "rarest of rare" cases, and we feel somewhat reluctant in endorsing the death sentence."
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The Supreme Court, on Tuesday, commuted the death sentence awarded to a 'tutor' convicted of rape and murder of a seven year old girl, and sentenced him to undergo imprisonment of 30 years (without any remission).

The Madhya Pradesh High Court had confirmed the death penalty awarded to Parasuram who was a 22-year-old B.Sc. student at the time of the incident, and used to impart tuitions in the village where he used to live. The prosecution case was that he took the victim with him for eating plum-fruits from the tree situated on the outskirts of the agricultural fields of the village, where he raped her, resulting in her death.

The bench comprising Justice NV Ramana, Justice Mohan M. Shantanagoudar, and Justice Indira Banerjee upheld the conviction, but opined that the case does not fall under the category of the "rarest of rare" cases. It said:

"The accused had no criminal history and he was a B.Sc. student at the time of the incident. The courts below have not considered the aspect of possibility of reform or rehabilitation of the accused. It is the duty of the State to show that there is no possibility of reform or rehabilitation of the accused to seek for capital punishment… The probability that the accused would commit criminal acts of violence in the future is not forthcoming from the record. Undoubtedly, the offence committed by the accused/appellant deserves serious condemnation and is the most heinous crime, but on considering the cumulative facts and circumstances of the case, we do not think that the instant case falls in the category of the "rarest of rare" cases, and we feel somewhat reluctant in endorsing the death sentence."

However, taking into account the fact that the accused had taken advantage of his relationship with the family of the victim as a tutor, the bench sentenced to undergo imprisonment of 30 years, without remission.

Read Order


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