Capital term review, mitigation probe of death row convicts
1 year, 10 months ago

Capital term review, mitigation probe of death row convicts

New Indian Express  

The order is significant as it revisits, once again, the often ignored aspect of death penalty jurisprudence. Sure, the two prisoners who are serving death sentences have committed heinous crimes: one involves a techie convicted for murdering his female friend’s three-year-old daughter and mother-in-law and injuring her husband at Attingal in Thiruvananthapuram in 2014, while the second convict is a migrant worker from Assam who is accused of raping and murdering a law student in Perumbavoor near Kochi in 2016. The Supreme Court, in April last year, decided to critically examine the routine and abrupt way in which trial judges often impose death penalties on convicts. Ordering mitigation investigation, the SC bench said, “a ‘one size fit for all’ approach while considering mitigating factors during sentence should end”. The Kerala HC order quotes the Constitution bench in the celebrated Bachan Singh v State of Punjab that “though death sentence cannot be declared as unconstitutional, such an extreme punishment of death sentence for the prescribed offences can be only in the rarest of rare cases and where the alternate punishment of life sentence is unquestionably foreclosed”.

History of this topic

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