weightage to the mitigating circumstances which
speak in favour of the offender?
40. If upon taking an overall global view of all the
circumstances in the light of the aforesaid proposition and
taking into account the answers to the questions posed
hereinabove, the circumstances of the case are such that
death sentence is warranted, the court would proceed to do
so.”
(Emphasis supplied)
11.
It is evident that the Court in Bachan Singh (supra) has set a
very high threshold of “rarest of rare cases when the alternative
option is unquestionably foreclosed” for the grant of death penalty.
The meaning and ambit of this expression has been discussed in
Santosh Bariyar (supra). The Court also emphasised the need for a
bifurcated hearing for the purpose of conviction and sentencing. The
relevant portion reads:
“56. At this stage, Bachan Singh informs the content of the
sentencing hearing. The court must play a proactive role to
record all relevant information at this stage. Some of the
information relating to crime can be culled out from the
phase prior to sentencing hearing. This information would
include aspects relating to the nature, motive and impact of
crime, culpability of convict, etc. Quality of evidence
adduced is also a relevant factor. For instance, extent of
reliance on circumstantial evidence or child witness plays an
important role in the sentencing analysis. But what is sorely
lacking, in most capital sentencing cases, is information
relating to characteristics and socio-economic background of
the offender. This issue was also raised in the 48th Report of
the Law Commission.
57. Circumstances which may not have been pertinent in
conviction can also play an important role in the selection of
sentence. Objective analysis of the probability that the
11
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