SHANKAR KISANRAO KHADE versus STATE OF MAHARASHTRA

SHANKAR KISANRAO KHADE versus STATE OF MAHARASHTRA

Guilt of the appellant for rape and murder of a minor and intellectually challenged girl was proved beyond reasonable doubt by circumstantial evidence. Although the tests for death penalty ('crime test', 'criminal test', 'rarest of rare test') were satisfied, the Court decided that death sentence was not warranted, particularly as previous criminal case pendency was improperly treated as aggravating by the High Court. The sentence was commuted to rigorous life imprisonment, with all other sentences to run consecutively.

Parties
Appellant: Shankar Kisanrao Khade; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
25 April 2013
Procedural Posture
Criminal Appeal No. 362 363 of 2010 / Supreme Court Decision on Appeal From Conviction and Sentence
Outcome
Appeal dismissed; conviction upheld; death sentence commuted to life imprisonment; sentences to run consecutively.
Legal Topics
Rape, Murder, Sentencing, Death Penalty, Child Sexual Abuse, Commutation of Sentence
Criminal Law Constitutional Law Child Protection Law Rape Murder Sentencing Death Penalty Child Sexual Abuse +1 more

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Parties

Shankar Kisanrao Khade

Appellant

State of Maharashtra

Respondent

Procedural Posture

Criminal Appeal No. 362 363 of 2010 / Supreme Court Decision on Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether the conviction of the appellant for rape and murder of a minor and intellectually challenged girl is sustainable based on circumstantial evidence
  2. 2 Whether the death sentence awarded to the appellant is justified under the rarest of rare case principle
  3. 3 What standards and tests are to be applied in awarding the death penalty

Ratio Decidendi

Guilt of the appellant for rape and murder of a minor and intellectually challenged girl was proved beyond reasonable doubt by circumstantial evidence. Although the tests for death penalty ('crime test', 'criminal test', 'rarest of rare test') were satisfied, the Court decided that death sentence was not warranted, particularly as previous criminal case pendency was improperly treated as aggravating by the High Court. The sentence was commuted to rigorous life imprisonment, with all other sentences to run consecutively.

Court Disposition

Appeal dismissed; conviction upheld; death sentence commuted to life imprisonment; sentences to run consecutively.

Orders

  • Conviction of appellant upheld.
  • Death sentence is reduced to life imprisonment.