Sentence:
32. The Trial Court has imposed the sentence of death and the High Court has confirmed the same. It is time for us to draw up a balance sheet of the aggravating and mitigating circumstances to decide whether the case falls in the category of rarest of rare case. We also need to examine whether the sentence of life imprisonment is foreclosed and the possibility of reformation is completely ruled out.
33. Without doubt, the crime committed by the appellant was diabolic in character. He enticed the innocent child by tempting him with ice-cream and brutally sodomized and murdered the four-year old. The appellant also mercilessly strangulated the deceased. The post-mortem report clearly indicated that death was due to asphyxia by throttling.
34. On the mitigating side, the appellant was 24 years of age when the incident happened; he had no criminal antecedents; the appellant hails from a low socio-economic household as the Mitigation Investigation Report filed by Ms. Komal of Project 39A, pursuant to the order of this Court dated 05.10.2023 indicates. The mitigation report further indicates that experts have opined that the appellant is diagnosed with moderate intensity psychotic features and intellectual disability and that the appellant had in his early childhood contacted Tuberculosis Meningitis (TBM). The appellant, according to the report, maintains family ties with his 64-year-old mother who takes care of his 10 year old daughter. The appellant's wife has deserted him.
35. By an order of 05.10.2023, we also called for the conduct and behaviour of the appellant from the Superintendent of Vadodara Central Jail as well as a report on his mental health. The report from the Superintendent of Vadoara Jail indicates, that the behaviour of the appellant in prison is completely normal and that his conduct in jail is good. The report from the Hospital for Mental Health indicates that the appellant has no psychiatric problem at present. The report does indicate a feeling of remorse in the appellant. The appellant has contended that the projective test adopted by the Hospital for Mental Health has its limitations for reliability. Be that as it may.
36. Considering the overall facts and circumstances, we hold that the present is not a case where it can be said that the possibility of reformation is completely ruled out. The option of life imprisonment is also not foreclosed. The case does not fall in the category of rarest of rare case. We are of the opinion that ends of justice would be met if we adopt the path carved out in Swami Shraddananda v. State of Karnataka (2008) 13 SCC 767.
37. Even though the case of the appellant falls short of the rarest of rare category, considering the nature of the crime, we are strongly of the view that a sentence of life imprisonment which normally works out for 14 years would be grossly disproportionate and inadequate. Having regard to the nature of the offence, a sentence of imprisonment for a prescribed period without remission would alone be proportionate to the crime and also not jeopardize the public confidence in the efficacy of the legal system.
38. This Court recently in Nawas Alias Mulanavas v. State of Kerala 2024 SCC OnLine SC 315, adverting to this aspect had the following to say:—
“29. How much is too much and how much is too little? This is the difficult area we have tried to address here. As rightly observed, there can be no straitjacket formulae. Pegging the point up to which remission powers cannot be invoked is an exercise that has to be carefully undertaken and the discretion should be exercised on reasonable grounds. The spectrum is very large. The principle in Swamy Shraddananda (supra) as affirmed in V. Sriharan (supra) was evolved as the normally accepted norm of 14 years was found to be grossly disproportionate on the lower side. At the same time, since it is a matter concerning the liberty of the individual, courts should also guard against any disproportion in the imposition, on the higher side too. A delicate balance has to be struck. While undue leniency, which will affect the public confidence and the efficacy of the legal system, should not be shown, at the same time, since a good part of the convict's life with freedom is being sliced away (except in cases where the Court decides to impose imprisonment till rest of the full life), in view of his incarceration, care should be taken that the period fixed is also not harsh and excessive. While by the very nature of the task mathematical exactitude is an impossibility, that will not deter the Court from imposing a period of sentence which will constitute “a just dessert” for the convict…..”
39. Applying this principle, we hold that a sentence of imprisonment for a period of 25 (twenty-five) years without remission would be ‘a just dessert’.
IN THE SUPREME COURT OF INDIA
(Before B.R. Gavai, Aravind Kumar and K.V. Viswanathan, JJ.)
Criminal Appeal Nos. _________ of 2024
(@ Special Leave Petition (Crl.) Nos. 9015-9016 of 2019)
Sambhubhai Raisangbhai Padhiyar Vs State of Gujarat
Decided on December 17, 2024
Citation: 2024 SCC OnLine SC 3769,2024 INSC 987.
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