In Brief
An accused convicted of raping and murdering two minor girls challenged his death sentence on two grounds: non-compliance with pre-sentence hearing requirements and post-conviction mental illness. The Supreme Court held that Section 235(2) of CrPC (pre-sentence hearing) does not mandate a separate date—the spirit is satisfied if the accused receives real, effective opportunity to present mitigating circumstances, on same or different date. The Court confirmed Section 235(2) compliance in this case. On mental illness, the Court recognized post-conviction severe mental illness (schizophrenia/psychosis impairing comprehension of punishment) as a valid mitigating factor under Article 21, commuted the death sentence to life imprisonment without remission, and directed the State to provide mental healthcare under the Mental Healthcare Act, 2017.
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