The record
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- The Supreme Court commuted the death sentence of a man convicted of raping and murdering his six-year-old stepdaughter in Madhya Pradesh.
- The court ordered that the convict remain in prison for the rest of his natural life without the possibility of remission.
- Justices cited the man's good conduct in jail and lack of prior criminal history as mitigating factors for the commutation.
- This ruling balances the severe betrayal of trust by the stepfather against his potential for reform.
Who said what2
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Vikram Nath
Justice
1 quote · 1 outlet
“The appellant made the home the site of her violation and made himself the author of it. The betrayal of the trust reposed in a guardian, and the transformation of the protector into the predator, is an aggravating circumstance of a high order, for it strikes not only at the child but at the security of the familial relation itself, upon which the safety of every child depends,”
In the article
…good conduct in jail and had no criminal antecedents other than the present case. However, what the court could not reconcile with was the helplessness of the victim and the position of the accused as a stepfather. “ The appellant made the home the site of her violation and made himself the author of it. The betrayal of the trust reposed in a guardian, and the transformation of the protector into the predator, is an aggravating circumstance of a high order, for it strikes not only at the child but at the security of the familial relation itself, upon which the safety of every child depends, ” the bench said. The child was raped for months by the stepfather and when he suspected that she had shared this with her mother, he got infuriated and throttled her to death on April 21, 2018. Incidentally, this was…
Supreme Court of India
1 quote · 1 outlet
“We accordingly commute the sentence of death imposed upon the appellant for the offences under Section 302 and Section 376AB of the IPC to a sentence of imprisonment for the remainder of his natural life, that is, imprisonment for life which shall extend to the whole of the remainder of his natural life and upon which no remission shall be granted,”
In the article
…aggravating circumstances, the court balanced them with the mitigating factors, primarily the fact that he had no criminal antecedents, no disciplinary record in jail and satisfactory conduct with other prisoners. “ We accordingly commute the sentence of death imposed upon the appellant for the offences under Section 302 and Section 376AB of the IPC to a sentence of imprisonment for the remainder of his natural life, that is, imprisonment for life which shall extend to the whole of the remainder of his natural life and upon which no remission shall be granted, ” the court held.…
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Named India · Madhya Pradesh · Sandeep Mehta · Supreme Court of India · Vijay Bishnoi · Vikram Nath · Waris
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