No death penalty based on circumstantial evidence: SC
By Sanjay K Singh, TNN |
Highlights
NEW DELHI: While commuting a death penalty to life imprisonment, the Supreme Court on Wednesday said when conviction is based solely on circumstantial evidence, capital punishment should not be handed out.
The court, while commuting the death penalty awarded to two persons for raping and killing a minor girl, said that it must be borne in mind that the two were convicted only on the basis of circumstantial evidence.
A Bench comprising Justice SB Sinha and Justice Markandey Katju said that ���there are authorities for the proposition (sic) that if the evidence is proved by circumstantial evidence, ordinarily, death penalty would not be awarded���.
���In our opinion, it���s not a case where the death penalty should be imposed. We, therefore, are of the opinion that imposition of punishment of rigorous imprisonment for life shall meet the ends of justice,��� said Justice Sinha writing the judgment for the bench.
However, the court made it clear that given the nature of the offence, it would not have differed from the view taken by the sessions judge and the high court. The trial court had awarded the penalty, which was confirmed by the Guwahati HC.
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