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Supreme Court of India 2023-03-28 partly_allowed

Shiva Kumar @ Shiva @ Shivamurthy vs State of Karnataka

Bench: 2 — Abhay S. Oka, Rajesh Bindal

In Brief

A woman working night shifts at a Bengaluru IT company was murdered by her cab driver after being deceived into boarding the wrong vehicle. The appellant was convicted of rape, abduction, and murder. The trial court imposed life imprisonment, which the High Court upheld. The Supreme Court modified the sentence, holding that while the case did not warrant capital punishment, Constitutional Courts can impose fixed-term sentences exceeding 14 years when offences are grave, even without commuting death penalty. The Court imposed a 30-year minimum custody period before release eligibility, emphasizing public safety, victim rights, and deterrence over the appellant's youth and lack of antecedents.

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Criminal Law Sentencing Murder Rape Life Imprisonment Constitutional Law Victims' Rights Discretionary Sentencing

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