Bhagwani

案件摘要
司法管轄
案件標題
Bhagwani v. State of Madhya Pradesh
作案時年齡
25
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
  • 少數群體: 原住民
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: 2017
執行方式
絞刑
涉嫌侵犯的權利
  • 公正審判與正當程序權利: 在各階段獲得充分法律代理的權利
  • 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
  • 法醫 / 醫學證據: 醫學檢查（被害人 / 被告，年齡鑑定等）
案件背景 (最多300字)

The accused allegedly kidnapped, raped, and murdered an 11 year old girl. The key circumstances against the accused are: Indirect witnesses (identifying and confirming the presence of the accused); post-mortem report (injuries consistent with rape, and death possibly caused by asphyxiation); DNA evidence; statements made by the accused before the court confirming circumstantial evidence; and materials retrieved from the scene of crime belonging to the accused.

The Trial Court had convicted and sentenced the accused to death on the same day. The High Court confirmed the conviction and sentence. The Supreme Court while upholding the conviction, commuted the sentence to life imprisonment with 30 years without remission. This case is particularly important as the Supreme Court emphasised the need for a bifurcated trial.

辯方意見 (最多200字)
  1.    None of the discoveries and recoveries directly implicate the accused. None of the articles recovered from the place of the offense have a connection with the accused. 

  2.    Serological testing was not done to prove that the blood found on the clothes was human blood.

  3.    The appellant's injuries cannot be taken into consideration as he is a manual laborer doing physical work.

  4.    The appellant was apprehended from his house, and it was only Satish who was absconding. The prosecution did not produce any evidence to establish any common intention between the appellant and Satish to convict for the offense of gang rape.

  5.    Statements made by the appellant cannot be treated as substantive evidence, and there was a violation of the right to a fair trial as effective legal assistance was not afforded in the present case.

  6.    Sufficient time was not given to the amicus curiae appointed by the Court to cross-examine witnesses. No opportunity was given to the appellant to submit relevant material before sentencing.

  7.    Mitigating circumstances have not been taken into consideration. The probability of the appellant's reformation and the sentence of life imprisonment being unquestionably foreclosed were not taken into account by the lower courts.
判决摘要 (最多200字)

The Supreme Court partially allowed the appeal. While the conviction of the appellant was upheld, the sentence was converted from death to life imprisonment for a period of 30 years without remission.

The Court, while finding the conviction to be on satisfactory grounds, noted that the appellant was not given a fair opportunity to defend himself at trial and that the accused is entitled to a fair trial under Article 21. The Court emphasized the importance of a bifurcated hearing on conviction and sentencing, which is necessary to provide the accused with an effective opportunity to present mitigating circusmstances.

The Court considered the accused's young age at the time of offence, scope for reformation and rehabilitation, lack of criminal antecedents, and him belonging to a marginalised community to be mitigating circumstances in his favour.

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: 國家法律援助
  • 審判階段: 國家法律援助
  • 上訴階段: 未知
與罪名相關的立法

Code of Criminal Procedure, 1973 (CrPC) - Sections 235(2), 313, and 354(3). Indian Penal Code, 1860 (IPC) - Sections 201, 302, 346, 363, 364, 366A, 376A, 376D, 376(1), and 376(2). Protection of Children from Sexual Offence Act, 2012 (POCSO) - Sections 5(g), and 6.

司法判例

Sharad Birdhichand Sarda vs. State of Maharashtra; Mst. Dalbir Kaur and Ors. vs. State of Punjab; Bachan Singh vs. State of Punjab; Machhi Singh and Ors. vs. State of Punjab; Md. Mannan vs. State of Bihar; Santosh Kumar Satishbhushan Bariyar and Ors. vs. State of Maharashtra; Rajendra Pralhadrao Wasnik vs. State of Maharashtra; Sangeet and Ors. vs. State of Haryana; Bachan Singh v. State of Punjab; Mofil Khan and Anr. v. The State of Jharkhand .

案件材料語言
  • 英語