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Supreme Court of India 2023-03-21 partly_allowed

Sundar @ Sundarrajan vs State by Inspector of Police

Bench: 3 — Dr Dhananjaya Y Chandrachud, Hima Kohli, Pamidighantam Sri Narasimha

In Brief

A death-row convict challenged his death sentence in a review petition for kidnapping and murdering a 7-year-old child for ransom. The Court confirmed his guilt based on eyewitness testimony and recovery of the victim's body. However, it found that the trial and appellate courts failed to conduct a separate sentencing hearing or consider mitigating factors before awarding capital punishment. The Court commuted the death sentence to life imprisonment for 20 years without remission, holding that before imposing death, courts must seriously consider the convict's potential for reformation. The Court also initiated contempt proceedings against police for concealing information about the convict's prison conduct.

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Criminal Law Death Penalty / Capital Punishment Sentencing Review Jurisdiction Mitigation Circumstances Evidence Law - Electronic Records Criminal Procedure Contempt of Court Constitutional Law

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