STATE OF RAJASTHAN versus JAMIL KHAN

STATE OF RAJASTHAN versus JAMIL KHAN

Given the nature of the crime, its manner of commission, and the aggravating factor of public revulsion, life imprisonment is grossly inadequate; however, due to the passage of nine years since commutation of the death sentence to life imprisonment, it is not just to alter the sentence back to death. Life imprisonment will mean imprisonment till the end of biological life, with specific restrictions on remission and commutation as mandated by Sections 432, 433, and 433A Cr.PC. Consecutive running of sentences is ordered in case of remission or commutation.

Parties
Appellant: State of Rajasthan; Respondent: Jamil Khan
Jurisdiction
India
Judgment Date
27 September 2013
Procedural Posture
Criminal Appeal / Supreme Court Appellate Decision
Outcome
Appeal disposed of; death sentence not imposed; life imprisonment confirmed with directions on remission and commutation.
Legal Topics
Sentencing, Imprisonment, Death Sentence, Remission, Commutation, Rarest of Rare Case, Aggravating and Mitigating Factors
Criminal Law Sentencing Imprisonment Death Sentence Remission Commutation Rarest of Rare Case Aggravating and Mitigating Factors

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Parties

State of Rajasthan

Appellant

Jamil Khan

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether the case qualifies for the 'rarest of rare' category for awarding death sentence
  2. 2 Appropriateness of life imprisonment vis-à-vis death penalty for rape and murder of a minor below 5 years
  3. 3 Scope and restrictions on remission and commutation under Cr.PC

Ratio Decidendi

Given the nature of the crime, its manner of commission, and the aggravating factor of public revulsion, life imprisonment is grossly inadequate; however, due to the passage of nine years since commutation of the death sentence to life imprisonment, it is not just to alter the sentence back to death. Life imprisonment will mean imprisonment till the end of biological life, with specific restrictions on remission and commutation as mandated by Sections 432, 433, and 433A Cr.PC. Consecutive running of sentences is ordered in case of remission or commutation.

Court Disposition

Appeal disposed of; death sentence not imposed; life imprisonment confirmed with directions on remission and commutation.

Orders

  • Life imprisonment under Sections 302 and 376 IPC to run consecutively in case of remission or commutation.
  • No remission or commutation before minimum prescribed period for respective offences.