NAND KISHORE versus STATE OF MADHYA PRADESH

NAND KISHORE versus STATE OF MADHYA PRADESH

The conviction for rape and murder of a minor, founded on circumstantial evidence and the 'last seen' theory, is sustained. However, since the reasons assigned for the death penalty do not constitute special reasons under s.354(3) Cr.PC and there is a possibility of reformation, the case does not fall into the 'rarest of rare' category; death sentence is modified to imprisonment for life with a minimum actual period of 25 years, without benefit of remission.

Parties
Appellant: Nand Kishore; Respondent: State of Madhya Pradesh
Jurisdiction
India
Judgment Date
18 January 2019
Procedural Posture
Criminal Appeal / Final Supreme Court Appeal
Outcome
Appeal partly allowed
Legal Topics
Sentencing, Death Penalty, Rape and Murder, Mitigating Circumstances, Circumstantial Evidence
Criminal Law Sentencing Death Penalty Rape and Murder Mitigating Circumstances Circumstantial Evidence

Case Brief

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Parties

Nand Kishore

Appellant

State of Madhya Pradesh

Respondent

Procedural Posture

Criminal Appeal / Final Supreme Court Appeal

Legal Issues

  1. 1 Whether the conviction based on circumstantial evidence is sustainable
  2. 2 Whether the death sentence imposed meets the 'rarest of rare' standard
  3. 3 Whether proper legal assistance and mitigating circumstances were considered

Ratio Decidendi

The conviction for rape and murder of a minor, founded on circumstantial evidence and the 'last seen' theory, is sustained. However, since the reasons assigned for the death penalty do not constitute special reasons under s.354(3) Cr.PC and there is a possibility of reformation, the case does not fall into the 'rarest of rare' category; death sentence is modified to imprisonment for life with a minimum actual period of 25 years, without benefit of remission.

Court Disposition

Appeal partly allowed

Orders

  • Conviction affirmed for offences under IPC sections 302, 363, 366, 376(2)(i)
  • Death sentence modified to life imprisonment with actual period of 25 years without benefit of remission