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SCC Online Web Edition, Copyright © 2021 Page 1 Tuesday, September 21, 2021 Printed For: Aishwarya M, National Law University, Dwarka SCC Online Web Edition: http://www.scconline.com -----------------------------------------------------------------------------------------------------------------------------------------------------------

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Shatrughan Baban Meshram

CASE BRIEF

Jurisdiction

India

Nationalities

Indian

Case Title: Shatrughna Baban Meshram v. State of Maharashtra

Age at Offence: 21

Age Group at Offence: Adult (18 to 59)

Gender: Male

Religious Group at Offence: Hindu

Jurisdiction - Geolocation

Latitude: 20.5937

Longitude: 78.9629

Jurisdiction - Geolocation (linked CASE BRIEF): India

Contributing TRP Partner

The Square Circle Clinic (India)

Latest Country's Death Penalty Status

Retentionist

Case Current Status: Closed: Commuted

Year when sentenced to Death Row: 2010s: 2015

Rights Allegedly Violated

Fair Trial and Due Process: Right to adequate legal representation at all stages

Nature of Offences for Death Penalty

Sexual Violence: Rape
Murder: Single Victim

Expert Evidence

Forensic/Medical evidence: Autopsy/Post mortem
Forensic/Medical evidence: DNA/Serology/Biology

Case Background (300 words max): The accused allegedly raped and murdered his minor niece.

The key circumstances against the accused are: last seen evidence; deceased victim and accused were found lying at the same place; medical report (accused’s injuries suggest recent sexual intercourse); post-mortem report (injuries consistent with forceful sexual penetration, bite marks and torn flesh indicates brutality); clothes of the deceased and accused were seized from the site of incident; and DNA analysis (blood of deceased matches with blood found on accused’s pants).

The Trial Court had convicted and sentenced the accused to death on 14.08.205. The High Court confirmed the conviction and sentence on 12.10.2015. The Supreme Court upheld the conviction but commuted the sentence on 02.11.2020

Defence Arguments (200 words max.)

Conviction

Medical examination of accused at arrest not on record
Last seen witnesses were not independent witnesses; discrepancies in their statements 3)Forensic report found no semen on the articles sent to the lab

Sentence

That the imposition of death sentence on the same day of conviction vitiates fair trial rights
that a case based on circumstantial evidence should not result in death sentence based on the theory of residual doubt as recognised by Supreme Court in Ashok Debbarma, Ravishankar

Judgement with Headnotes (200 words max): Death sentences where conviction based on circumstantial evidence- held, can be imposed- sets standard for such evidence- unimpeachable character of evidence and must be an exceptional case; held that residual doubt over evidence not a consideration for capital sentencing; death sentence on same day of conviction by itself not a ground for commutation

The Supreme Court's criminal appeal decision upheld the conviction but commuted the death sentence to life imprisonment. The conviction was upheld based on the finding that the chain of circumstances pointing to the accused's guilt were established- these include the victim's custody with accused, presence of injuries in accused's genitals corresponding to the offence, DNA evidence of bloodstain from accused's clothes matched the victim.

Death sentence was commuted based on the fact that the appellant had not intended to cause the victim's death.

Legal Representation Received

Second Appeal: Pro bono

Legislation Related to the Offence(s): S. 302 IPC S. 376A IPC

Language of Case Materials

English

Primary Documents

11. Shatrughna Baban Meshram v. State of Maharashtra, (2021) 1 SCC 596.pdf
English
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Death Penalty Defence - Asia

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Shatrughan Baban Meshram

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