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Query: rarest of rare case of death penalty
The concept of 'rarest of rare case of death penalty' has been a subject of extensive discussion and analysis in various Supreme Court judgments over the years. The Supreme Court has laid down certain principles and guidelines to determine whether a particular case falls within the category of 'rarest of rare' warranting the imposition of the death penalty.
In the case of Amrit Singh v. State of Punjab (2006), the accused had raped a minor girl who subsequently died due to bleeding from her private parts. The Court noted that while the accused may not have had the intention to murder the victim, her death was a direct consequence of the crime. However, the Court held that the case did not fall within the 'rarest of rare' category, indicating that the death penalty was not warranted in this instance.
Similarly, in Bishnu Prasad Sinha and Anr. v. State of Assam (2007), the Supreme Court commuted the death penalty of the accused based on the fact that the prosecution's case was solely reliant on circumstantial evidence. This decision highlights the importance of strong evidence in determining whether a case qualifies as 'rarest of rare' for the imposition of the death penalty.
In State of Maharashtra v. Prakash Sakha Vasave and others (2009), the accused brutally attacked the husband of their sister due to an illicit relationship. While the trial court initially sentenced two of the accused to death, the High Court acquitted them due to lack of evidence. The Supreme Court, upon appeal, set aside the acquittal but ultimately decided that the case did not meet the criteria for the 'rarest of rare' category, leading to a sentence of life imprisonment instead of the death penalty.
The Supreme Court has acknowledged the lack of uniformity in sentencing in capital punishment cases in various judgments, such as in Aloke Nath Dutt and ors. v. State of West Bengal (2006) and Swamy Shraddananda v. State of Karnataka (2007). These cases emphasize the need for a consistent sentencing policy and the subjective element involved in determining the imposition of the death penalty.
In State of Tamil Nadu Through ... vs Nalini And 25 Others (1999), the Court outlined the criteria for determining whether a case qualifies as 'rarest of rare' for the imposition of the death penalty. The Court emphasized the need to consider both aggravating and mitigating circumstances in each case and to record special reasons for imposing the death penalty, as required by Section 354(3) of the Cr.P.C.
Overall, the 'rarest of rare case of death penalty' is a complex and nuanced issue that requires a careful examination of the facts and circumstances of each case. The Supreme Court's judgments provide valuable insights into the criteria and considerations involved in determining whether a case warrants the imposition of the death penalty based on the 'rarest of rare' principle.
References:
In the case of Amrit Singh v. State of Punjab (2006), the accused had raped a minor girl who subsequently died due to bleeding from her private parts. The Court noted that while the accused may not have had the intention to murder the victim, her death was a direct consequence of the crime. However, the Court held that the case did not fall within the 'rarest of rare' category, indicating that the death penalty was not warranted in this instance.
Similarly, in Bishnu Prasad Sinha and Anr. v. State of Assam (2007), the Supreme Court commuted the death penalty of the accused based on the fact that the prosecution's case was solely reliant on circumstantial evidence. This decision highlights the importance of strong evidence in determining whether a case qualifies as 'rarest of rare' for the imposition of the death penalty.
In State of Maharashtra v. Prakash Sakha Vasave and others (2009), the accused brutally attacked the husband of their sister due to an illicit relationship. While the trial court initially sentenced two of the accused to death, the High Court acquitted them due to lack of evidence. The Supreme Court, upon appeal, set aside the acquittal but ultimately decided that the case did not meet the criteria for the 'rarest of rare' category, leading to a sentence of life imprisonment instead of the death penalty.
The Supreme Court has acknowledged the lack of uniformity in sentencing in capital punishment cases in various judgments, such as in Aloke Nath Dutt and ors. v. State of West Bengal (2006) and Swamy Shraddananda v. State of Karnataka (2007). These cases emphasize the need for a consistent sentencing policy and the subjective element involved in determining the imposition of the death penalty.
In State of Tamil Nadu Through ... vs Nalini And 25 Others (1999), the Court outlined the criteria for determining whether a case qualifies as 'rarest of rare' for the imposition of the death penalty. The Court emphasized the need to consider both aggravating and mitigating circumstances in each case and to record special reasons for imposing the death penalty, as required by Section 354(3) of the Cr.P.C.
Overall, the 'rarest of rare case of death penalty' is a complex and nuanced issue that requires a careful examination of the facts and circumstances of each case. The Supreme Court's judgments provide valuable insights into the criteria and considerations involved in determining whether a case warrants the imposition of the death penalty based on the 'rarest of rare' principle.
References:
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