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SLPs involving death penalties shall not be dismissed without giving reasons: SC

November 24, 2018


The death sentence of accused in two different cases has been reduced by the Supreme Court by recalling its earlier orders through which it had dismissed the Special Leave Petitions filed by them as a preliminary petition. In the present scenario, one of the accused was convicted of rape and murder of 7-year-old in old Maharashtra whereas the other accused was convicted in a rape and murder case by the Madhya Pradesh High Court. The Court had dismissed the SLPs filed by each of the accused who were awarded death sentence in both the cases. In doing so, the Court has held that in cases in which death sentence has been awarded, a thorough inspection with reasons should be given to support the death penalty. It has stated that SLPs filed in cases where the death sentence has been given shall not be dismissed without giving reasons. Further, it proceeded with the SLPs and recalled its earlier orders on the same day itself while confirming the death sentence given to the accused. However, it has reduced the death penalty awarded to them to life imprisonment. The Court has also put a 20 years' cap on the life imprisonment and has stated that any representation for cancellation of the penalty shall not be considered before 20 years of rigorous imprisonment.


 

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