RAVISHANKAR @ BABA VISHWAKARMA versus THE STATE OF MADHYA PRADESH

RAVISHANKAR @ BABA VISHWAKARMA versus THE STATE OF MADHYA PRADESH

While guilt was proved beyond reasonable doubt through circumstantial, medical, and DNA evidence, existence of 'residual doubt' on aspects of witness credibility and prosecution evidence operated as a mitigating factor. The case does not meet the 'rarest of rare' threshold for death penalty; sentence was substituted with life imprisonment without remission.

Parties
Appellant: Ravishankar @ Baba Vishwakarma; Respondent: The State of Madhya Pradesh
Jurisdiction
India
Judgment Date
03 October 2019
Procedural Posture
Criminal Appeal Nos. 1523 1524 of 2019 / Appeal From High Court Judgment Confirming Death Sentence
Outcome
Appeals partly allowed
Legal Topics
Rape and Murder of Minor, Sentencing, Death Penalty, Circumstantial Evidence, Mitigating Circumstances
Criminal Law Rape and Murder of Minor Sentencing Death Penalty Circumstantial Evidence Mitigating Circumstances

Case Brief

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Parties

Ravishankar @ Baba Vishwakarma

Appellant

The State of Madhya Pradesh

Respondent

Procedural Posture

Criminal Appeal Nos. 1523 1524 of 2019 / Appeal From High Court Judgment Confirming Death Sentence

Legal Issues

  1. 1 Whether death sentence should be imposed when conviction is based on circumstantial evidence
  2. 2 Whether 'residual doubt' operates as a mitigating factor for capital sentencing
  3. 3 Interpretation and application of Section 376A IPC in cases of rape resulting in death

Ratio Decidendi

While guilt was proved beyond reasonable doubt through circumstantial, medical, and DNA evidence, existence of 'residual doubt' on aspects of witness credibility and prosecution evidence operated as a mitigating factor. The case does not meet the 'rarest of rare' threshold for death penalty; sentence was substituted with life imprisonment without remission.

Court Disposition

Appeals partly allowed

Orders

  • Death penalty set aside
  • Imprisonment for life substituted