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The Apex court overruled the death sentence confirmed by the High Court in a rape case of a seven-year-old girl. The convict was awarded death sentence, against which he approached the Supreme Court. The latter court proclaimed that the offence of rape in the instant case did not fall in the ambit of “rarest of the rare cases”. The courts below the apex court had apparently excluded the possibility of reformation or rehabilitation of the convict while granting death sentence to him.
The convict, being a 22-year old student of B.sc., had taken the victim to the agricultural fields apparently for eating plum-fruits from the tree present therein. Nevertheless, his intent to rape materialized on the agricultural field, and the same caused the victim’s death. The convict had a good relationship with the victim’s family as a tutor, and he took that for granted.
The Hon’ble Bench of the Supreme Court comprising Justice MV Ramana, Justice Mohan M Shantanagoudar, and Justice Indira Banerjee upheld the conviction but commuted the sentence to imprisonment for thirty years. The court arrived at its verdict because he was still a student with no criminal history, and there was nothing on record to justify the possibility of him committing any criminal act in future. The sentence commuted by the Supreme Court shall be without remission.
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