Rape and murder of a girl of two and half years age
If the present case is so considered, the discussion must broadly be classified under following two heads: -
(A) Whether the circumstantial evidence in the present case is of unimpeachable character in establishing the guilt of the Appellant or leads to an exceptional case.
(B) Whether the evidence on record is so strong and convincing that the option of a sentence lesser than a death penalty is foreclosed.
Where the victims were below 16 years of age and had died during the course of sexual assault on them, the maximum sentence awarded was life sentence.
Appellant is guilty of the offence punishable under Section 302 IPC, since there was no requisite intent as would bring the case under any of the first three clauses of Section 300 IPC, the offence in the present case does not deserve death penalty.
Section 376A was inserted in IPC by the Ordinance. As concluded by us in paragraph 16 hereinabove, the ex-post facto effect given to Section 376A inserted by the Amendment Act would not in any way be inconsistent with sub-Article (1) of Article 20 of the Constitution. The Appellant is thus definitely guilty of the offence punishable under Section 376A IPC. But the question remains whether punishment lesser than death sentence gets ruled out or not. As against Section 302 IPC while dealing with cases under Section 376A IPC, a wider spectrum is available for consideration by the Courts as to the punishment to be awarded. On the basis of the same aspects that weighed with us while considering the appropriate punishment for the offence under Section 302 IPC, in view of the fact that Section 376A IPC was brought on the statute book just few days before the commission of the offence, the Appellant does not deserve death penalty for said offence.
At the same time, considering the nature and enormity of the offence, it must be observed that the appropriate punishment for the offence under Section 376A IPC must be rigorous imprisonment for a term of 25 years.
Shatrughna Baban Meshram Versus State of Maharashtra, Supreme Court on dated 02.11.2020