Rape-&-kill convict escapes gallows

 SC quashes death sentence after it was proved that the accused was a juvenile at the time of committing the crime

A bench of Justices B.R. Gavai, Vikram Nath and Sanjay Karol while sustaining the conviction gave the appellant the benefit of the Juvenile Justice (Care and Protection) Act, 2015 by quashing the sentence on the ground that he had already spent five years in jail against the maximum sentence of three years prescribed under the Act: Representational picture

TT Legal Correspondent   |   New Delhi   |   09.03.23 : The Supreme Court has quashed the death sentence of a man convicted of raping and murdering a minor after he proved he was a juvenile at the time of the offence in Madhya Pradesh’s Dhar district.

A bench of Justices B.R. Gavai, Vikram Nath and Sanjay Karol while sustaining the conviction gave the appellant the benefit of the Juvenile Justice (Care and Protection) Act, 2015 by quashing the sentence on the ground that he had already spent five years in jail against the maximum sentence of three years prescribed under the Act.

“In the present case, the appellant is held to be less than 16 years and, therefore, the maximum punishment that could be awarded is up to three years. The appellant has already undergone more than five years (in jail).  His incarceration beyond three years would be illegal, and therefore, he would be liable to be released forthwith on this count also,” the apex court said.

The Supreme Court gave the following order: “The conviction of the appellant is upheld; however, the sentence is set aside. Further, as the appellant at present would be more than 20 years old, there would be no requirement of sending him to the JJB (Juvenile Justice Board) or any other childcare facility or institution. The appellant is in judicial custody. He shall be released forthwith. The impugned judgment shall stand modified to the aforesaid extent…”.

The accused was awarded the death penalty by a trial court on May 17, 2018. The death sentence was upheld by the Madhya Pradesh High Court on November 15, 2018, following which the accused moved the apex court.