‘No Probability Of Reformation, Danger To Society’: Supreme Court Upholds Death Penalty To Man For Rape & Murder Of 8-Year-Old Disabled Girl
Case: Manoj Pratap Singh versus State of Rajasthan
Coram: Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar
Case No.: SLP (Crl.) No(s). 7899-7900 of 2015
Court Observation: “In the present case, where all the elements surrounding the offence as also all the elements surrounding the offender cut across the balance sheet of aggravating and mitigating circumstances, we are clearly of the view that there is absolutely no reason to commute the sentence of death to any other sentence of lesser degree. Even the alternative of awarding the sentence of imprisonment for whole of the natural life with no remission does not appear justified in view of the nature of crimes committed by the appellant and looking to his incorrigible conduct.”
“..in the present case, the further shocking and disturbing factor is that even while in jail, the appellant’s conduct has not been free from blemish where, apart from quarrelling with other inmate on 17.04.2015 and earning 7 days’ punishment, the appellant had been accused and convicted of the offence of yet another murder, this time of a co-inmate of the jail, while joining hands with three other inmates”.
“Read as a whole, the fact-sheet concerning the appellant leads only the logical deduction that there is no possibility that he would not relapse again in this crime if given any indulgence. A fortiori, there appears no probability of his reformation and rehabilitation. This possibility of the appellant relapsing in the same crime over again and nil probability of his reformation/rehabilitation is a direct challenge as also danger to the maintenance of order in the society. Hence, the facts of the present case, taken as a whole, make it clear that it is unlikely that the appellant, if given an absolution, would not be capable of and would not be inclined to commit such a crime again”
“In the present case, where all the elements surrounding the offence as also all the elements surrounding the offender cut across the balance sheet of aggravating and mitigating circumstances, we are clearly of the view that there is absolutely no reason to commute the sentence of death to any other sentence of lesser degree. Even the alternative of awarding the sentence of imprisonment for whole of the natural life with no remission does not appear justified in view of the nature of crimes committed by the appellant and looking to his incorrigible conduct”.
“no other option but to confirm the death sentence awarded to the appellant, for that being inevitable in this particular case”.
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