The top court said that the state (Madhya Pradesh) has not put up any evidence to show that there is no possibility with respect to reform or rehabilitation of the convict. (File photo/News18)
The apex court made the remarks while converting the death sentence awarded to life imprisonment to a man convicted of killing his two siblings and his nephew in a property dispute.
- PTI
- Last Update:December 12, 2021, 14:40 IST
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The Supreme Court has observed that it is the duty of the courts to take into account not only the crime but also the offender, his mental state and his socio-economic conditions.
A bench headed by Justice L Nageswara Rao said it is the duty of the courts to consider the possibility of reform and rehabilitation of the accused.
“Given the established legal position, it is our bounden duty to take into account the possibility of reformation and rehabilitation of the accused.” It is our duty to take into account not only the crime but also the criminal, his condition. mind and their socioeconomic status,” the bench also comprised Justices BR Gavai and BR Nagarathna.
The apex court made the remarks while converting the death sentence awarded to a man convicted of killing his two siblings and his nephew to life imprisonment for a period of 30 years in a property dispute. The top court said that the state (Madhya Pradesh) has not put up any evidence to show that there is no possibility with respect to reform or rehabilitation of the convict.
“The appellant comes from a rural and economically poor background. There is no criminal history. The appellant cannot be called a hardened offender.” This is the first offense committed by the appellant, no doubt, a heinous offence. Is. The certificate issued by the Jail Superintendent shows that the conduct of the appellant during his imprisonment has been satisfactory.”
The top court said that therefore it cannot be said that there is no possibility of reform and rehabilitation of the appellant, to close the alternative option of lesser sentence and to make the death penalty mandatory.
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