Split Verdict On Sentence: Orissa HC ‘Finally’ Decides Not To Hang A Youth Accused Of Murdering 16-Year-Old Girl [Read Judgment]
7 years, 3 months ago

Split Verdict On Sentence: Orissa HC ‘Finally’ Decides Not To Hang A Youth Accused Of Murdering 16-Year-Old Girl [Read Judgment]

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Brutality of the crime committed is not the sole criteria for judging the case to be within the category of “rarest of rare” cases; it has to be one of extreme brutality and exceptional depravity so as to avoid the criticism that the death penalty has been taken as the norm and not the exception, the court said.The Orissa High Court has finally decided not to sentence a man accused. Brutality of the crime committed is not the sole criteria for judging the case to be within the category of “rarest of rare” cases; it has to be one of extreme brutality and exceptional depravity so as to avoid the criticism that the death penalty has been taken as the norm and not the exception, the court said. In a ‘split’ judgment delivered by the division bench of the high court in November 2015, answering the ‘death reference’ from trial court, one of the judges observed that ‘it is a case of brutal murder of a young adolescent damsel aged about sixteen years by infliction of twelve numbers of injuries on her person by means of a sharp cutting weapon and thus the death sentence is only adequate one’ and the other judge emphasizing the young age of the accused without any criminal track record opined that imposition of sentence of death is not called for. Commuting the sentence to life imprisonment, the court observed that brutality of the crime committed is not the sole criteria for judging the case to be within the category of “rarest of rare” cases; it has to be one of extreme brutality and exceptional depravity so as to avoid the criticism that the death penalty has been taken as the norm and not the exception.

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