Sukhlal Kori

案件摘要

司法管轄

國籍

司法轄區 - 地理定位

緯度: 20.5937

經度: 78.9629

瑞慈合作機構

該國最新死刑狀態

涉嫌侵犯的權利

死刑所涉罪名的性質

案件背景 (最多300字): The case against the accused was that of allegedly killing his employers, a couple. The circumstances against the accused are: witness's oral testimony (of blood stains, and the accused found hiding by the househelp), motive (verbal altercation witnessed by the help), and recovery items (accused’s clothes, captured in CCTV footage) and his fingerprints were found at the scene of the incident. The trial court convicted the accused and awarded the death sentence on 30.05.2014 , which was confirmed by the Madhya Pradesh High Court on 11.08.2014 . On appeal, the Supreme Court upheld the conviction but commuted the sentence to life imprisonment, with a cap of 18 years, 20.11.2018.

辯方意見 (最多200字)

Weakness of witness testimony: The house help was not an eyewitness to the incident. It was questionable that she did not inform the police immediately after seeing the accused at the scene of the incident, and thus her testimony could not be the basis of the conviction.
Mitigating factors: The case did not fall into the ‘rarest of the rare’ category. Further, the accused was only 23 at the time of offence, had no criminal history, and could have the possibility of reform/rehabilitation.
Procedure: The order of death sentence was passed on the same day as the judgement, by the trial judge. This did not give the accused sufficient time to adduce evidence in mitigating factors.

判决摘要 (最多200字)

The court held:

Conviction: The court was satisfied by the prosecution evidence and held that they were able to prove, beyond reasonable doubt, that the accused had committed the crime.
Sentencing: The court held that the case did not fall into the ‘rarest of the rare’ category, and considered mitigating factors to commute the sentence, affirming that the death sentence was an exceptional one.

獲得法律代理的情況

案件材料語言

Death Penalty Defence - Asia