![[Rape & Murder Of 2.5 Year Old Niece] "Injury Not With The Intention To Extinguish Victim's Life": Supreme Court Commutes Death Sentence](/static/images/error.jpg)
[Rape & Murder Of 2.5 Year Old Niece] "Injury Not With The Intention To Extinguish Victim's Life": Supreme Court Commutes Death Sentence
Live LawThe Supreme Court has commuted death sentence awarded to a man accused of rape and murder of his two and half year old niece.He did not consciously cause any injury with the intent to extinguish the life of the victim, the bench comprising Justices Uday Umesh Lalit, Krishna Murari and Indu Malhotra observed while commuting the death sentence to life imprisonment for the offence punishable. The Supreme Court has commuted death sentence awarded to a man accused of rape and murder of his two and half year old niece. He did not consciously cause any injury with the intent to extinguish the life of the victim, the bench comprising Justices Uday Umesh Lalit, Krishna Murari and Indu Malhotra observed while commuting the death sentence to life imprisonment for the offence punishable under Section 302 IPC and to that of rigorous imprisonment for 25 years for the offence punishable under Section 376A IPC. On the issue whether in cases of circumstantial evidence, death penalty can be imposed, the bench referred to various precedents and observed thus: a) it is not as if imposition of death penalty is impermissible to be awarded in circumstantial evidence cases; and b) if the circumstantial evidence is of an unimpeachable character in establishing the guilt of the accused and leads to an exceptional case or the evidence sufficiently convinces the judicial mind that the option of a sentence lesser than death penalty is foreclosed, the death penalty can be imposed.It must therefore be held that merely because the instant case is based on circumstantial evidence there is no reason to commute the death sentence.
History of this topic

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