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Supreme Court of India 2018-11-01 allowed

Babasaheb Maruti Kamble vs State of Maharashtra

Bench: 3 — A.K. Sikri

In Brief

A death row convict challenged the summary dismissal of his special leave petition by the Supreme Court, which was rejected in one word without reasons. The Supreme Court held that when a death sentence case reaches it on appeal, the petition cannot be summarily dismissed without recorded reasons regarding the sentence, even if the conviction itself stands on solid evidence. The Court must independently review the application of 'rarest of rare' doctrine, weigh mitigating and aggravating factors, and provide reasoned grounds for upholding the death penalty. The Court allowed the review petition and restored the case for proper hearing.

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Criminal Law Sentencing Capital Punishment Death Penalty Procedural Law Constitutional Law Right to Hearing Judicial Review Criminal Procedure

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