In Brief
An accused was convicted of the rape and murder of two minor girls. A death sentence was awarded and confirmed through trial and appellate courts. In a reopened review petition, the accused raised two issues: (1) non-compliance with pre-sentencing hearing requirements under Section 235(2) CrPC, and (2) post-conviction mental illness. The Supreme Court held that while Section 235(2) requires meaningful opportunity to be heard on sentencing, this need not be on a separate date if effectively provided; procedural defects can be cured at appellate stage. On mental illness, the Court held that severe post-conviction mental illness (schizophrenia or serious psychotic disorder) can be a supervening circumstance for commutation, but only in extreme cases. Here, despite mental illness, the barbaric nature of the crime and the offender's grave threat to society warranted life imprisonment without remission rather than simple life imprisonment or death penalty.
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