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Supreme Court of India 2019-01-18 partly_allowed

NAND KISHORE vs THE STATE OF MADHYA PRADESH

Bench: 2 — Abhay Manohar Sapre, R. Subhash Reddy

In Brief

A 50-year-old man was convicted of kidnapping, raping, and murdering an 8-year-old girl at a fair. The trial court and High Court imposed the death sentence, finding it a 'rarest of rare' case. The Supreme Court confirmed the conviction based on circumstantial evidence including the 'last seen' theory, forensic evidence, and medical findings. However, it found that special reasons under Section 354(3) Cr.PC were not properly recorded, and that the case did not fall within 'rarest of rare' category. The Court modified the sentence to life imprisonment for 25 years without remission.

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Criminal Law Death Penalty Sentencing Rape Murder Child Victim Circumstantial Evidence Capital Punishment Rarest of Rare

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