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4 imprisonment. However, death sentence is set aside. The appeals are partly allowed. ……………………………………….J. [ARUN MISHRA] ……………………………………….J. [S. ABDUL NAZEER] ……………………………………….J. [M.R. SHAH] NEW DELHI; JULY 10, 2019.

選擇目標文字3

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Dileep Bankar

案件摘要

司法管轄

印度

國籍

印度人

案件標題: Dileep Bankar v. State of Madhya Pradesh

作案時年齡組: 成年人 (18至59歲)

性别: 男性

犯罪時的宗教信仰: 印度教

司法轄區 - 地理定位

緯度: 20.5937

經度: 78.9629

司法轄區 - 地理定位 (已連結案件摘要): 印度

瑞慈合作機構

The Square Circle Clinic (印度)

該國最新死刑狀態

保留死刑

案件現狀: 已結案: 減刑

判處死刑年份: 2010s: 2013

執行方式: 絞刑

死刑所涉罪名的性質

性暴力: Rape
謀殺: 一名受害者

案件背景 (最多300字): The case against the accused is for allegedly raping and murdering a minor girl aged about 5 years.

The circumstances against the accused are: last seen witness testimony; recovery (victim’s body and shirt); post mortem examination’s evidence of injury on the victim’s back, neck and vagina; criminal antecedents (of rape on minor girls on two previous occasions, considered by the trial court)

The trial court found the accused guilty and awarded the death sentence on 21.02.2013. A Division Bench of the High Court of Madhya Pradesh set aside this judgement and remanded the case to the trial Court to record its satisfaction as to whether the appellant is of sound mind and is in fit mental condition to defend himself. It was found his he was fit to proceed. The High Court then confirmed the trial court’s holding on conviction and sentence, on 04.07.2013. The Supreme Court, on appeal, confirmed the conviction but commuted the sentenced to 25 years of imprisonment, 10.07.2019.

辯方意見 (最多200字): No defence arguments were recorded for the stage of second appeal (Supreme Court).

At the stage of first appeal (at the High Court), the accused’s defence did not examine any witness. However, the accused recorded a statement stating that he had been falsely implicated. His defence submitted that the evidence adduced by the prosecution with regard to last seen is not reliable. It was also urged that chain of circumstantial evidence is not complete so as to prove the offence against the appellant. However, these were not recorded in detail.

判决摘要 (最多200字): The court held that given that the accused had become a ‘victim of his own past’ and that there was only circumstantial evidence against him, it was proper to commute the sentence to 25 years of imprisonment.

獲得法律代理的情況

第二次上訴階段: 公益律師
偵查前階段: 未知
審判階段: 未知
上訴階段: 未知

與罪名相關的立法: Sections 363, 366, 376, 376 (2) and 302 - Indian Penal Code, 1860 (IPC)

司法判例: None cited

案件材料語言

英語

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Death Penalty Defence - Asia

選擇目標文字3

Dileep Bankar

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