This Court again confirmed the death sentence on an accused for the
offence of rape followed by murder of 7 year old girl ... sentencing process as seriously as it should be with the result
that in capital offences, it has become judge-centric sentencing
rather than principled sentencing
sentence to be imposed. Indisputably, the sentencing
Courts shall consider all relevant facts and circumstances bearing on the
question of sentence and impose a sentence ... sentence. The
sentencing Courts are expected to consider all relevant facts and
circumstance bearing on the question of sentence and proceed to impose
a sentence
with her and the trial court rightly
convicted the accused of rape and sentenced him to life imprisonment
due to the gravity of the offence ... basis of misconception, and
the accused raped the prosecutrix. He brazenly raped her for two years
or more giving her the false assurance that
acquittal by the High Court and awarded death
sentence. It was case of rape and murder of a minor girl aged less than
six years ... imprisonment. The third substantive sentence is under
Section 201 of IPC. All these sentences are ordered to run concurrently.
The sentence of life imprisonment
High Court gave no reasons for reducing the sentence to sentence
already undergone.
6. Rape is one of the most heinous crimes committed against ... sentence. The sentencing courts are expected to consider all relevant
facts and circumstances bearing on the question of sentence and
proceed to impose a sentence
legislative intent is also that only in the extreme
cases of rape sentence to be imposed should be of imprisonment for life
and consequently ... order of the learned trial court on sentence is modified to the extent of
reducing the sentence imposed upon the appellant from imprisonment
maximum punishment for rape as
imprisonment for life. Thus, the legislative intent is that in extreme
case of rape sentence to be imposed should ... trauma inflicted, other than the trauma of
rape, for example, where the rape victim is beaten or threatened with
death, is battered etc. The third
been brutally raped and thereafter murdered, the death sentence was the only proper sentence in this case.
Why the appellant did not run away from ... Court to replace the sentence of death with a sentence of imprisonment for life.
The trial Judge has awarded a sentence of death in this
sentence. The sentencing
courts are expected to consider all relevant facts and
circumstances bearing on the question of sentence and
proceed to impose a sentence ... obligation of the sentencing Court to consider all
relevant facts and circumstances bearing on the
question of sentence and impose a sentence
commensurate with
violation of New York State (with
a maximum sentence of 25 years' imprisonment).
(ii) Rape in the second degree in violation of New York ... copy of the sentence imposed, if the person sought has
been sentenced, and a statement establishing to what extent the
sentence has been carried
