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1 - 10 of 26 (0.29 seconds)Section 376 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 363 in The Indian Penal Code, 1860 [Entire Act]
Bachan Singh Etc. Etc vs State Of Punjab Etc. Etc on 16 August, 1982
64. The last submission of Mr. Majmudar that the judges should not be blood thirsty is required to be dealt with. Mr. Majmudar has placed reliance on the judgment of the Hon'ble Supreme Court in case of Bachan Singh vs. State of Punjab reported in AIR 1980 SC 898 at page 945. Having carefully gone through the entire prosecution evidence as well as the defence of the accused and after hearing the accused personally on the point of sentence, we are of the considered opinion that while awarding death sentence to the accused, the learned Sessions Judge except discharging his duty not done anything more in the matter. Merely because he has awarded death sentence, it cannot be said that the learned Sessions Judge was blood thirsty. It is no doubt true that the court has to do justice to the person who is before it, but at the same time, the court has also to see that justice is also done to the victim and her relatives. If such person is allowed to move free in the society then surely he will be danger to the society at large. We are quite conscious about values of human life but what about the person who is human monster ! Before confirming the death sentence awarded by the learned Sessions Judge, we have examined the matter from all the angles but there is nothing on record for us to commute death sentence awarded by the learned Sessions Judge and convert into life imprisonment. When we are fully convinced that this is a 'rarest of the rare cases' in which learned Sessions Judge has rightly awarded death sentence then without any hesitation, we must confirm the death sentence.
Amit @ Ammu vs State Of Maharashtra on 6 August, 2003
60. Last decision of the Hon'ble Supreme Court which is relied upon by Mr. Majmudar is reported in AIR 2003 SC 3131 in the case of Amit alias Ammu vs. State of Maharashtra, wherein also, the accused committed rape on school going girl aged 12 years and than committed her murder. On facts of that case, the Hon'ble Supreme Court held that it was not the rarest of the rare cases and accordingly the death sentence was commuted to life imprisonment.
Mohd.Chaman vs State (N.C.T.Of Delhi) on 11 December, 2000
Javed Ahmed Abdulhamid Pawala vs State Of Maharashtra on 20 April, 1983
In the case of Javed Ahmed Abdulhamid Pawala vs. State of Maharashtra reported in AIR 1983 SC 594, the accused was convicted for the offence under sec. 302 of IPC. He was only 22 years old and case rested upon circumstantial evidence, however, murder was perpetrated in a cruel, callous and fiendish fashion. Therefore, Hon'ble Supreme Court confirmed the death sentence and held that it was a "rarest of the rare cases".
Machhi Singh And Others vs State Of Punjab on 20 July, 1983
The principle laid down by the Hon'ble Supreme Court in Bachan Singh's case were reiterated by the Hon'ble Supreme Court in the case of Machhi Singh and others v. State of Punjab reported in AIR 1983 SC p. 957. However, first three judgments quoted hereinabove which are relied upon by learned counsel Mr. Majmudar relates to the case of rape on minor girl and then committing murder.