Case Note & Summary
The case involved a petitioner charged with the rape and murder of a six-year-old girl. The Trial Court convicted the petitioner under Section 376 and Section 302 of the Indian Penal Code, sentencing him to life imprisonment and death respectively. The High Court confirmed these sentences, leading the petitioner to file a special leave petition which was dismissed. Following the rejection of his mercy petitions by both the Governor and the President, the petitioner filed a writ petition challenging the death sentence. He argued that there was substantial non-compliance with Section 235(2) of the Code of Criminal Procedure, 1973, and sought a review of the constitutional validity of capital punishment as upheld in Bachan Singh's case. The Supreme Court dismissed the writ petition, stating that the death sentence was justified and not open for review. The court emphasized the necessity of strict compliance with Section 235(2) but noted that the plea regarding non-compliance was raised too late. The court affirmed the constitutional validity of capital punishment and found no undue delay in execution that would warrant interference. The final decision upheld the death sentence imposed on the petitioner.
Headnote
A) Criminal Procedure - Compliance with Sentencing Procedure - Mandatory provisions of Section 235(2) of CrPC - The court emphasized that strict compliance with Section 235(2) is a statutory mandate and not a mere formality, requiring the accused to be heard before sentencing. The plea regarding non-compliance was raised for the first time and was not accepted as the trial court had heard the petitioner on the same day (Paras 404D, 404E). B) Constitutional Law - Validity of Capital Punishment - The court upheld the constitutional validity of the death penalty, affirming the decision in Bachan Singh's case. It ruled that the principles established in Bachan Singh's case do not require reconsideration (Paras 405E-F). C) Review of Death Sentence - Grounds for Review - The court stated that the death sentence is not open for review unless there are supervening circumstances. In this case, it found no undue delay in execution that warranted interference (Paras 404E).
Issue of Consideration
Whether there was substantial non-compliance with Section 235(2) of the Code of Criminal Procedure, 1973, and the constitutional validity of capital punishment under Article 21 of the Constitution.
Final Decision
The Supreme Court dismissed the writ petition, affirming the death sentence and upholding the constitutional validity of capital punishment.
Law Points
- Constitutional validity of capital punishment
- compliance with Section 235(2) of CrPC
- review of death sentence
- undue delay in execution
- new plea admissibility
