The Apex Court has set aside the death sentence of a rape-murder convict after the court finds out that the man was juvenile when the incident took place. A bench comprising of justices BR Gavai, Vikram Nath and Sanjay Karol set aside the death sentence of the accused, convicted in a December 2017 rape and murder case in Madhya Pradesh.
However, the SC upheld the order of Madhya Pradesh High Court which affirmed the trial court order convicting him in the rape and murder case. “The conviction of the appellant is upheld, however, the sentence is set aside. Further, as the appellant at present would be more than 20 years old, there would be no requirement of sending him to the JJB or any other childcare facility or institution. Appellant is in judicial custody. He shall be released forthwith,” the top court said.
The Apex court was hearing the plea challenging High Court of Madhya Pradesh, Indore’s Bench order dated 15 November, 2018. High Court of Madhya Pradesh affirmed the death sentence awarded by the Trial Court and at the same time dismissed the appeal preferred by the appellant against his conviction and sentence awarded by the Trial Court.
The Trial Court vide judgment dated 17 May, 2018 convicted the appellant.
During the pendency of these appeals, the appellant moved an application claiming juvenile and consequently the benefits available under the provisions of the Juvenile Justice (Care and Protection) Act, 2015.