The Supreme Court said that the accused is also a human had the possibility to lead his life as a responsive citizen.
- The Special leave petition challenging the life imprisonment sentences to the convict by the High Court of Delhi.
- The minor girl, aged seven years was kidnapped, disrobed by the convict with a intention to commit a rape and spoils the holiness of the Rajaram Baba Thakur Mandir.
- The Victim’s grandmother file an FIR against the convict for kidnapping and rape done by him.
- The Trial court and the Delhi High Court imposed the sentence of Capital punishment on the 40-year old man under the Section 376 AB of the Indian Penal Code.
The Supreme Court made observation on the impact of rape committed to a minor girl and her future martial life. The words like Barbaric, Barbarians and Brutal are reiterated as per New International Webster’s Comprehensive Dictionary of the English language and to be Highlighted in the same manner. The Barbaric and the barbarians means Wild, crude and brutal. The Rape is brutally done, the capital punishment is adopted.
The Court stated that the petitioner-convict done a rape with the intention to satisfy his lust and to he acted in the manner of barbaric. His uncontrolled lust leads him to deface the spirituality of the temple.
Justice C.T. Ravi Kumar and Rajesh Bindal citied the landmark case of Mulla V. State of Uttar Pradesh, “The court has the power to replace the death sentence into a sentence of life imprisonment.” and Held the petitioner’s life imprisonment was deducted to a 30-year imprisonment with the fine of One lakh rupees.
The High Court’s sentence was replaced by the allowance of special leave petition of the petitioner-convict in the Supreme Court for to consider the well-being of the accused also.
CASE NAME: Bhaggi @ Bhagirath @ Naran V. State of Madhya Pradesh.
NAME: Viswa ganesh K, BALLB (Hons.), School of Excellence in Law, Dr. Ambedkar Law University, INTERN UNDER LEGAL VIDHYA.
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