105
impossibility of reformation and rehabilitation as a mandate of Section 354(4)
CrPC.100 The court analysed numerous earlier precedents, noting that evidence
by the state on this has been sparse and limited, but was essential for the courts
to measure the probability of reform, rehabilitation and reintegration. The court
located this requirement in the right of the accused, who regardless of being
ruthless, was entitled to a life of dignity, notwithstanding his crime. 101 While
this process is not easy, it was noted that the neither is the process of
rehabilitation since it involves reintegration into society. When this is found to
be not possible in certain cases, a longer duration of imprisonment was instead
permissible.
Uneven application of this framework and (in)consistency in sentencing
196. An overall analysis of capital punishment cases decided by this court will
perhaps reflect that that there is in fact, no pattern. While there are real and valid
concerns in the non-uniform application of the Bachan Singh framework,
discretion in sentencing, in itself – is not worrisome, and the concern needs to
be dispelled. While generally judges may look to precedents for the comfort of
numbers, that process only gives an indication of how similar instances have
been dealt with and has a limited role when it comes to sentencing. The
discretion afforded to the court in sentencing, is not for it to be judge-centric or
result in disparate rulings, but in fact to enable the court with the flexibility of
considering the case-specific factors relating to the crime and criminal, without
falling into pre-determined patterns. Sentencing is not a mathematical equation
and ought not be seen as one. This has been recognized in numerous cases
starting from Bachan Singh itself. In Santosh Bariyar, analyzing the equality
principle, due process and proportionality requirement in capital sentencing, it
was held that rather than applying strict classification of the type of offences
that warrant death sentence, the court must focus on equally considering the
100 Ibid (para 45)
101 Ibid (para 47)
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