39 of Machhi Singh (supra) have not been answered in the
particular case. No evidence as to the uncommon nature of the
offence or the improbability of reformation or rehabilitation of the
appellant has been adduced. Bachan Singh (supra) unambiguously
sets out that death penalty shall be awarded only in the rarest of
rare cases where life imprisonment shall be wholly inadequate or
futile owing to the nature of the crime and the circumstances
relating to the criminal. Whether the person is capable of
reformation
and
rehabilitation
should
also
be
taken
into
consideration while imposing death penalty. As laid down in
Shankar Kisanrao Khade (supra), whether the person would be a
threat to society or whether not granting death penalty would send a
wrong message to society are additional factors to be looked at. No
such analysis was undertaken by the High Court. The High Court has
also failed to look at the aggravating and mitigating circumstances
regarding the criminal as warranted by Bachan Singh (supra). The
fact that the appellant had no previous criminal record apart from
the acquittal in the Section 376, IPC, which was a false implication
and the alleged motive did not weigh with the High Court as an
important mitigating circumstance with respect to the criminal.
14.
In the past four decades or so, this Court has been consistently
echoing its concern on the constitutional ethos on value and dignity
15
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents