Lawstreet Journal

Residual Doubt Theory: Supreme Court Commutes Death Penalty Awarded For Rape-Murder Of Minor [Read Judgment]

Lawstreet Journal 10 Oct 2019 4:41pm

Image courtesy: Lawstreet Journal Judiciary Residual Doubt Theory: Supreme Court Commutes Death Penalty Awarded For Rape-Murder Of Minor [Read Judgment]

The Supreme Court on October 3, 2019, in the case of Ravishankar @ Baba Vishwakarma v. State of Madhya Pradesh, has applied the ‘residual doubt theory’ and commuted the death penalty awarded to a person for rape and murder of a 13-year-old girl.

This theory creates a higher standard of proof over and above the `beyond reasonable doubt’ standard used at the stage of conviction, as a safeguard against routine capital sentencing, keeping in mind the irreversibility of death.

The Bench of Justices Rohinton Fali Nariman, R. Subhash Reddy and Surya Kant was hearing an appeal filed by the appellant against the judgment passed by the Madhya Pradesh High Court wherein the death reference made by the IIIrd Additional Sessions Judge, Gadarwara, District Narsinghpur (M.P.) was confirmed and the appellant’s criminal appeal got dismissed.

Background

In this case, the appellant was accused of kidnapping a 13-year-old girl, committing rape on her, killing her by throttling and thereafter destroying the evidence by throwing her half-naked body in a dry well. Accordingly, charges were framed against him under Sections 363, 366, 376(2)(i), 376(2)(n), 376(2) (j), 376(2)(m), 376-A, 302 and 201 of the Indian Penal Code, 1860, and under the corresponding provisions of the Protection of Children from Sexual Offences (POCSOAct, 2012.

Holding that the crimes committed by the appellant were 'rarest of the rare', the Trial Court sentenced him to death under Section 376-A, and made a reference to the Madhya Pradesh High Court for… Continue Reading...


Tagged: supreme court in india  
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