Munna Pandey
CASE BRIEF- Jurisdiction
- Nationalities
- Indian
- Case Title
- Munna Pandey v. State of Bihar
- Age at Offence
- 50
- 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: Acquitted
- Year when sentenced to Death Row
- 2010s: 2015
- Method of Execution
- Hanging
- Nature of Offences for Death Penalty
- Sexual Violence: Rape
- Murder: Single Victim
- Expert Evidence
- Forensic/Medical evidence: Autopsy/Post mortem
- Case Background (300 words max)
"The accused allegedly murdered and raped a 10 year old child.
The key circumstances against the accused are: Last seen witness, victim’s body retrieved from appellant’s room, confession of co-accused implicating appellant, oral testimony (of the appellant found locking his house, of only providing the key when assaulted, and the appellant providing false information regarding the victim’s whereabouts). The Trial Court convicted the accused and sentenced him to death in 2015. The High Court confirmed the conviction as well as the sentence on 10.04.2018. The Supreme Court held that there existed flaws in the High Court and Trial Court’s judgment, and hence remitted the case back to the Patna High Court on 04.09.2023. The High Court acquitted Munna Pandey in its decision dated The case is particularly relevant for its language on the High Court’s responsibilities in confirming death penalty cases. The Supreme Court judgment also notes the need for judges to not play a passive role and ensure relevant evidence and circumstances are presented and properly examined.
- Legal Representation Received
- Second Appeal: Pro bono
- Pre-trial: Unknown
- Trial: Unknown
- Appeal: Unknown
- Legislation Related to the Offence(s)
Code of Criminal Procedure, 1973 (CrPC) - Sections 53, 53A, 162, 165, 366, 367, 368, 391 Indin Evidence Act, 1872 - Sections 26, 27, 32, 145, and 165 Indian Penal Code, 1860 (IPC) - Sections 34, 120B, 201, 302, 376, and 511 Protection of Children from Sexual Offences Act (POCSO) - Section 4
- Judicial Precedents
Jumman and Ors. vs. The State of Punjab; Ram Shankar Singh and Ors. vs. State of West Bengal; Bhupendra Singh vs. The State of Punjab; Rajendra Prahladrao Wasmik vs. State of Maharashtra; Digamber Vaishnav and Ors. vs. State of Chhattisgarh; Sharad Birdhichand Sarda vs. State of Maharashtra; Rajendra Pralhadrao Wasnik vs. State of Maharashtra; Tara Singh vs. The State; V.K. Mishra and Ors. vs. State of Uttarakhand and Ors.; Raghunandan and Ors. vs. State of U.P.; Dandu Lakshmi Reddy vs. State of A.P.; State of Rajasthan vs. Ani and Ors.; Ram Chander vs. State of Haryana; Masalti vs. State of U.P.; Kunal Majumdar vs. State of Rajasthan; Sessions Judge Nellore Referring Officer vs. Intha Ramana Reddy
- Language of Case Materials
- English