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REPORTABLE 2024 INSC 720 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 449-450 OF 2019 RABBU @ SARVESH …APPELLANT(S) VERSUS THE STATE OF MADHYA PRADESH …RESPONDENT(S) JUDGMENT B.R. Gavai, J. 1. Heard Shri N. Hariharan, learned Senior Counsel for the appellant and Shri Bhupendra Pratap Singh, learned Deputy Advocate General appearing on behalf of the State of Madhya Pradesh. 2. These appeals arise out of the judgment and order dated 17.01.2019 passed by the Division Bench of the High Court of Madhya Pradesh at Jabalpur, dismissing the appeal of the appellant and confirming the judgment and order Signature Not Verified Digitally signed by Narendra Prasad Date: 2024.09.23 16:30:21 IST Reason: dated 20.08.2018 passed by the First Additional Sessions Judge, Bina, District Sagar (hereinafter referred to as the “Trial Judge”), thereby convicting the appellant for offences 1

選擇目標文字3

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Rabbu @ Sarvesh

案件摘要

司法管轄

印度

國籍

印度人

案件標題: Rabbu @ Sarvesh v. State of Madhya Pradesh

作案時年齡: 22

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

弱勢 / 邊緣群體身份

社會經濟地位

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: 2018

執行方式: 絞刑

涉嫌侵犯的權利

公正審判與正當程序權利: 處罰過重或不成比例

死刑所涉罪名的性質

性暴力: Rape
謀殺: 一名受害者

專家證據

法醫 / 醫學證據: DNA / 血清學 / 生物學
法醫 / 醫學證據: 屍檢 / 死後檢驗

案件背景 (最多300字): "The case against the accused was that the accused (along with a juvenile co-accused) showed a minor girl pornography, committed rape against on her, poured kerosene oil on her and set her on fire, leading to death.

The main circumstances against the accused are: dying declaration, and medical evidence (postmortem report and DNA report).

The trial court convicted and imposed the death sentence to the accused on 20.08.2018, which was then confirmed by the High Court of Madhya Pradesh at Jabalpur on 17.01.2019. On appeal, the Supreme Court confirmed the conviction but commuted the death penalty to fixed rigorous imprisonment without remission for a period of 20 years, on 12.09.2024 .

辯方意見 (最多200字)

Conviction:

Dying declarations: Prosecution’s case rested on three dying declarations, which were inconsistent and as time progressed, there were improvements made to them. Truthfulness of the declarations was doubtful and the conviction could not the based on them.
DNA report: The report pointed to the presence of a third person, and in such an eventuality, the order of conviction could not be sustained.

Sentence

Mitigating factors: The case at hand did not fall in the ‘rarest of the rare’ category, and the trial judge did not consider the balance between aggravating and mitigating circumstances. The appellant had lost his mother and brother at a young age, his socio-economic status was poor, he was of a young age at the time of commission of crime, and his conduct in prison was good.
Procedure: The trial judge gave the order convicting the appellant and imposing death penalty simultaneously.

判决摘要 (最多200字)

Dying declaration: The declaration was reliable and trustworthy, clearly implicating the accused. Futher, a medical officer had given an endorsement before the declaration, regarding the fit mental status of the deceased to issue the same. The written declaration was corroborated by oral dying declaration. There were no material contradictions in the testimonies of the prosecution witnesses regarding the declarations.
Mitigating factors: The court took into consideration that the accused had been through traumatic events (death of mother and brother), was young at the age of crime, had maintained strong family relations while incarcerated, came from a lower socio-economic strata, was not a hardened criminal, had good conduct while in prison, and the possibility of reform could not be excluded.

獲得法律代理的情況