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1 - 10 of 29 (0.37 seconds)Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 201 in The Indian Penal Code, 1860 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
The Indian Penal Code, 1860
Section 366 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 8 in The Indian Evidence Act, 1872 [Entire Act]
Haresh Mohandas Rajput vs State Of Maharashtra on 20 September, 2011
24. On the question of sentence of death the principle in
nutshell has been stated in Haresh Mohandas Rajput vs. State Of
Page 64 of 75
R/CC/11/2011 CAV JUDGMENT
Maharashtra, 2011 (12) SCC 56 : (AIR 2011 SC 3681), which reads
as under:
C. Muniappan & Ors vs State Of Tamil Nadu on 30 August, 2010
"The rarest of the rare case" comes when a convict would be
a menace and threat to the harmonious and peaceful
coexistence of the society. The crime may be heinous or
brutal but may not be in the category of "the rarest of the
rare case". There must be no reason to believe that the
accused cannot be reformed or rehabilitated and that he is
likely to continue criminal acts of violence as would
constitute a continuing threat to the society. The accused may
be a menace to the society and would continue to be so,
threatening its peaceful and harmonious coexistence. The
manner in which the crime is committed must be such that it
may result in intense and extreme indignation of the
community and shock the collective conscience of the society.
Where an accused does not act on any spurofthemoment
provocation and indulges himself in a deliberately planned
crime and [pic]meticulously executes it, the death sentence
may be the most appropriate punishment for such a ghastly
crime. The death sentence may be warranted where the
victims are innocent children and helpless women. Thus, in
case the crime is committed in a most cruel and inhuman
manner which is an extremely brutal, grotesque, diabolical,
revolting and dastardly manner, where his act affects the
entire moral fibre of the society e.g. crime committed for
power or political ambition or indulging in organised criminal
activities, death sentence should be awarded. (See C.
Muniappan v. State of T.N.(2010) 9 SCC 567 : (AIR 2010 SC
3718), Dara Singh v. Republic of India. (2011) 2 SCC 490 :
Surendra Koli vs State Of U.P. Ors on 15 February, 2011
(AIR 2011 SC 1436); Surendra Koli v. State of U.P, (2011) 4
SCC 80 : (AIR 2011 SC 970); Mohd. Mannan, (2011) 5 SCC
317 : (AIR 2011 SC (Cri) 1210) and Sudam v. State of
Maharashtra, (2011) 7 SCC 125 : (AIR 2011 SC (Cri 1670)