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Death Penalty Commuted by Supreme Court in Parasuram case

Team SoOLEGAL 25 Feb 2019 10:53am

Death Penalty Commuted by Supreme Court in Parasuram case

Supreme Court bench comprising Justice MV Ramana, Justice Mohan M. Shantanagoudar, and Justice Indira Banerjee took up the matter of Parasuram. He 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 accused lured the victim by telling her that he will get very tasty plum-fruits from the tree which is situated on the outskirts of the agricultural fields of the village. He took her and raped here there. The act of rape resulted in the death of the victim.
He was convicted for raping and murdering a 7 year old girl. The Madhya Pradesh High Court confirmed his death penalty of imprisonment of 30 years.

The Bench of Supreme Court upheld the conviction but they deviated from the view that present is the rarest of rare cases, by holding:

"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."

The Bench took passed and order by taking into consideration the relation of the convict with the family of the girl and held that:

"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."



Tagged: Death Penalty   SupremeCourt   Rape  
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