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1 - 10 of 10 (1.76 seconds)Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 376 in The Indian Penal Code, 1860 [Entire Act]
Section 27 in The Indian Evidence Act, 1872 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 26 in The Indian Evidence Act, 1872 [Entire Act]
Section 25 in The Indian Evidence Act, 1872 [Entire Act]
Bachan Singh vs State Of Punjab on 9 May, 1980
16. The sordid episode of the security guard, whose sacred
duty was to ensure the protection and welfare of the
inhabitants of the flats in the apartment, should have
subjected the deceased, a resident of one of the flats, to
gratify his lust and murder her in retaliation for his
transfer on her complaint, makes the crime even more
heinous. Keeping in view the medical evidence and the state
in which the body of the deceased was found, it is obvious
that a most heinous type of barbaric rape and murder was
committed on a helpless and defenceless school-going girl of
18 years. If the security guards behave in this manner who
will guard the guards? The faith of the society by such a
barbaric act of the guard, gets totally shaken and its cry
for justice becomes loud and clear. The offence was not
only inhuman and barbaric but it was a totally ruthless
crime of rape followed by cold blooded murder and an affront
to the human dignity of the society. The savage nature
1 Bachan Singh v. State of Punjab, (1980) 2 SCC 684 : 1980
SCC (Cri) 580 : 1980 Cri LJ 636
240
of the crime has shocked our judicial conscience. There are
no extenuating or mitigating circumstances whatsoever in the
case. We agree that a real and abiding concern for the
dignity of human life is required to be kept in mind by the
courts while considering the confirmation of the sentence of
death but a cold blooded preplanned brutal murder, without
any provocation, after committing rape on an innocent and
defenceless young girl of 18 years, by the security guard
certainly makes this case a "rarest of the rare" cases which
calls for no punishment other than the capital punishment
and we accordingly confirm the sentence of death imposed
upon the appellant for the offence under Section 302 IPC.
The order of sentence imposed on the appellant by the courts
below for offences under Sections 376 and 380 IPC are also
confirmed along with the directions relating thereto as in
the event of the execution of the appellant, those sentences
would only remain of academic interest. This appeal falls
and is hereby dismissed.
Section 154 in The Indian Evidence Act, 1872 [Entire Act]
Section 162 in The Code of Criminal Procedure, 1973 [Entire Act]
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