Rape & Murder Of 4 Year Old Girl : SC Clarifies Order Commuting Death Penalty, Convict To Undergo 20 Years Imprisonment For Rape Offences
Live LawThe Supreme Court, recently, clarified its judgment dated 19.04.2022 wherein death sentence awarded to a man convicted for raping and murdering a four year old girl was commuted to life imprisonment.In the said judgment, the Court had commuted the death sentence imposed for the offence of murder under Section 302 of the Indian Penal Code as life imprisonment. The Supreme Court, recently, clarified its judgment dated 19.04.2022 wherein death sentence awarded to a man convicted for raping and murdering a four year old girl was commuted to life imprisonment. However, in the judgment dated 19.04.2022, the Apex Court had only expressly mentioned that the sentence imposed under Section 376A IPC will stand reduced to life imprisonment for 20 years. It accepted the submission made by Mr. Marlapalle that - ".if the sentence of life imprisonment imposed by the Sessions Court and confirmed by the High Court, is also confirmed by this Court for the offence under Sections 376 and 376, IPC and for the offence under Section 5 and 5 read with Section 6 of POCSO Act, then the life imprisonment would mean imprisonment for the remainder of the petitioner's natural life, and in that case, the very purpose of the court in not imposing the sentence of life imprisonment for the remainder of petitioner's life for the offence under Section 376 of IPC, would be frustrated."