Case Note & Summary
The appellant, Ravishankar @ Baba Vishwakarma, was convicted by the Trial Court for kidnapping, raping, and murdering a 13-year-old girl, and for destroying evidence by throwing her semi-nude body into a dry well. The Trial Court sentenced him to death under Section 376-A IPC, holding the case as 'rarest of rare'. The High Court confirmed the death sentence and dismissed the appellant's appeal. On appeal, the Supreme Court granted leave limited to the question of sentence. The Court noted that the conviction was based on strong circumstantial evidence, including DNA matching, and was not interfered with. However, considering the absence of prior criminal record and the possibility of reformation, the Court held that the case did not fall within the 'rarest of rare' category. The death sentence was commuted to life imprisonment for a period of 25 years without remission.
Headnote
A) Criminal Law - Death Penalty - Rarest of Rare Doctrine - Section 376-A, Indian Penal Code, 1860 - The court considered whether the case fell within the 'rarest of rare' category for imposition of death sentence. Held that while the crime was heinous, the absence of prior criminal record and possibility of reformation were mitigating factors, commuting death to life imprisonment (Paras 5, 6). B) Evidence - DNA Profiling - Circumstantial Evidence - The prosecution relied on DNA evidence matching appellant's DNA with vaginal slide of deceased, along with other circumstantial evidence. Held that the conviction was based on reliable scientific evidence and was not interfered with (Paras 10, 12). C) Criminal Procedure - Death Reference - Section 366, Code of Criminal Procedure, 1973 - The High Court confirmed the death reference made by the Trial Court. The Supreme Court, while upholding conviction, modified the sentence (Paras 2, 3).
Issue of Consideration
Whether the appellant deserves to be imposed with the extreme sentence of death penalty?
Final Decision
The Supreme Court upheld the conviction but commuted the death sentence to life imprisonment for a period of 25 years without remission.
Law Points
- Death penalty
- Rarest of rare doctrine
- Aggravating and mitigating circumstances
- Section 376-A IPC
- Section 366 CrPC
- DNA evidence
- Circumstantial evidence
