- The Hon’ble SC has, in Pappu vs. State of Uttar Pradesh that the despicable nature of the crime alone cannot be the deciding factor for awarding a death sentence. Consideration should also be given to the other mitigating circumstances before arriving at a conclusion that all other punishments other than the capital punishment were foreclosed.
- In the instant case, Pappu was sentenced to death after the Trial Court found him guilty of the rape and murder of a seven year old girl. He persuaded the child to accompany him on the pretext of picking lychee, raped her and then after having caused her death, dumped her body near a bridge on a riverbank.
- The Allahabad HC rejected the appeal and confirmed the sentence of death.
- The Hon’ble SC, however, did not agree with the HC and the lower Court on the sentence that had been awarded. The Court held that it has been proven beyond reasonable doubt that the the child met with her cruel and gruesome end at the hands of the appellant, after having been subjected to sexual assaults, and it has also been proved that the victim had last been seen with the victim. The appellant had also not been able to satisfy the Court of his whereabouts when the occurrence took place, thus, did not have a strong alibi.
- The Court also agreed that the medical and scientific evidence is also concurrent with the prosecution case. The Court thus held that the case of circumstantial evidence stands the panchsheel test laid down in Sharad Birdhichand Sarda vs. State of Maharashtra AIR 1984 SC and that the Trial Court had rightly convicted the accused and the HC was right in rejecting the appeal.
- However, the Court differed in opinion as regards the quantum. The Court explained the evolution of the doctrine of rarest of rare case and observed that the doctrine was evolved to preserve human life, even if it be of the accused, unless the Court feels that its termination is absolutely essential in the interests of justice. This has led to the evolution of the said doctrine in the landmark case of Bachan Singh vs. State of Punjab AIR 1980 SC.
- The Court observed in this light that both the trial Court as well as the HC had taken the heinous nature of the offence as the sole criteria for awarding the sentence of death. The Court had failed to take note of the law laid down in Bachan Singh’s case.
- The Court also held that death sentence can be awarded when the Court comes to the conclusion that the option of any other factor other than capital punishment were foreclosed.
- The SC thus, commuted the sentence of death to one of imprisonment for life with no remission or release for 30 years.
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