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Supreme Court of India 2018-11-15 partly_allowed

Swapan Kumar Jha @ Sapan Kumar vs State of Jharkhand & Anr

Bench: 3 — Sanjay Kumar, Alok Aradhe, <UNKNOWN>

In Brief

Swapan Kumar and two accomplices kidnapped and murdered a 19-year-old student for ransom. The Trial Court sentenced Swapan Kumar to death; the High Court confirmed it. The Supreme Court found the crime serious but not a 'rarest of rare case,' given the appellant's youth, potential for rehabilitation, and absence of exceptional brutality. It commuted the death sentence to life imprisonment with a mandatory minimum of 25 years without remission—an innovative middle path balancing punishment severity with the proportionality principle. The co-accuseds' life sentences were upheld.

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Criminal Law Sentencing Death Penalty Life Imprisonment Kidnapping Murder Remission Mitigating Circumstances Aggravating Circumstances Rarest of Rare Cases

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