Commutation of death sentence of a Rapist: SC

Supreme Court Judgments Updates

Commutation of death sentence of a Rapist

A accused named Dileep Bankar was convicted of rape and murder of a 5 year old girl and was given a death sentence by the Trial Court. He was convicted under sections 363, 366, 376 and 3012 of the Indian Penal Code. But later the Madhya Pradesh High Court set aside this judgement and instead remanded the case back to the Trial Court to check whether the convicted person was able to defend himself. Consequently the Trial Court conducted the medical examination of the convict and noted that he was in a perfect fit and fine condition to defend his case. Along with it the Trial court this time found out that the convict was also guilty of rape of two other minor girls and during that time was sentenced to 10 years and 2 years rigorous imprisonment respectively. Therefore the Trial Court again awarded death penalty to the convict.

This time the Madhya Pradesh High Court dismissed the appeal and confirmed the death sentence of the convict as he is a repeat offender and no kind of imprisonment would reform his behavior. Thereafter an appeal was filled in the Supreme Court Of India , the matter was presented to the bench comprising of Justice Arun Mishra, Justice S. Abdul Nazzer and Justice MR Shah, the conviction was upheld, However the capital punishment was commuted to 25 years of imprisonment since it was contented by the counsel of appellant that he was a victim of his own past and there are only circumstantial evidence for his conviction.

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However in my opinion the convict was a repeat offender, if he is a victim of his past does not mean he has the license to spoil the lives of those minor girls. Minor kids are not rehabilitation centers for badly raised men. There is no hope for reformation and such men with such thinking are parasites that would eat up the social order of the country and hence strict measures should be taken against them. They should be looked upon with a hateful eye, to provide protection to the little girls. Law needs to hold its rigor on such criminals.