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Supreme Court of India 2019-02-21 allowed

Dattatraya @ Datta Ambo Rokade vs State of Maharashtra

Bench: 3 — Indira Banerjee

In Brief

A man in his fifties was convicted of kidnapping, raping, and murdering a five-year-old neighbour. DNA evidence conclusively proved he committed the crime. The trial court imposed the death penalty. The Supreme Court upheld his conviction but commuted the death sentence to life imprisonment till natural death with no remission. The Court held that although the crime was heinous and barbaric, it did not fall within the 'rarest of rare' category requiring death penalty. The Court noted the absence of pre-planning, the lack of effective legal representation during sentencing, and the failure to properly consider the accused's potential for reformation—all factors mandating lesser punishment under established law.

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Criminal Law Death Penalty and Life Sentence Sexual Offences Against Children Mitigation and Sentencing Evidence and DNA Analysis Criminal Procedure Constitutional Rights

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