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The Court reiterated that though in a rape and murder case based on circumstantial evidence, the death penalty can be awarded in the ‘rarest of rare’, normally imprisonment for life without any remission may be awarded, unless a death sentence is inevitable.
The Supreme Court held that the Court cannot be limited only to two punishments, one a sentence of imprisonment, for all intents and purposes, of not more than 14 years and the other death.
It was observed that judicial discipline required that once the conviction was confirmed by the Supreme Court that too after hearing the accused, the High Court should not have thereafter made any comment on the merits of the case.
“Merit is not solely of one‘s own making. The rhetoric surrounding merit obscures the way in which family, schooling, fortune and a
Supreme Court: In a case where the order of conviction and sentence was passed on the same day, the 3-judge bench of
Supreme Court: In a case where the trial court had convicted the accused and imposed death penalty on the very same day,
Delhi High Court: The Division Bench of G.S. Sistani & Vinod Goel, JJ. following the Supreme Court judgment in V. Sriharan alias