Swapan Kumar
案件摘要- 司法管轄
- 國籍
- 印度人
- 案件標題
- Swapan Kumar Jha v. State of Jharkhand
- 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: 2010
- 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
- 謀殺: 一名受害者
- 綁架勒索
- 專家證據
- 法醫 / 醫學證據: 屍檢 / 死後檢驗
- 案件背景 (最多300字)
"The accused allegedly kidnaped his cousin for ransom and murdered him. The three key circumstances against the accused are: Recovery (of the deceased’s body) based on the accused’s statements; last seen witness; call records and witness testimony (confirming the accused made ransom calls) . The Trial Court convicted the accused and sentenced him to death. The High Court confirmed the conviction and sentence. However, the Supreme Court upheld the conviction but commuted the sentence to life imprisonment.
- 辯方意見 (最多200字)
Arguments made by the defence were not mentioned in the Supreme Court judgment, however the following arguments were advanced before the High Court: 1. The prosecution case solely relied on indirect and circumstantial evidence, lacking direct proof and not conclusively establishing the guilt of the accused 2. The defence claimed that the charge of kidnapping for ransom should not be attracted since the demand for ransom was not evidenced 3. The defence argued that 2 confessional statements of the accused were recorded at different times which should not be admissible. 4. The defence claimed the an alternative narrative was uninvestigated and that the conduct of an instrumental last-seen witness makes the witness unreliable 5. The statements of material witnesses were contradictory 7. Defence claimed that capital punishment for the accused is disproportionate considering that the other appellants were only given life imprisonment. aggravating and mitigating circumstances were not adequately considered.
- 判决摘要 (最多200字)
The Court did not engage with defence arguments in the judgment. The Court reasoned that while the offence had been committed in a premeditated manner, which involved the betrayal and murder of a blood-related cousin, the same was not sufficient to bring the case within the ambit of the "rarest of the rare" especially when there was no evidence to prove the offence was committed in an unspeakbly brutal manner. The Supreme Court stated that the Trial Court and High Court had not given due weight to the aggravating and mitigating circumstances of the accused, and that since the accused was still young, there is scope for reform and rehabilitation.
- 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
Indian Penal Code (IPC) - Sections 364-A, 302, 201/34, 45, 53, Indian Evidence Act, 1872 - Section 27
- 司法判例
Bachan Singh vs. State of Punjab; Machhi Singh and Ors. vs. State of Punjab; Swami Shraddananda vs. State of Karnataka; Union of India (UOI) vs. V. Sriharan and Ors.; Tattu Lodhi vs. State of Madhya Pradesh
- 案件材料語言
- 英語