Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
On a detailed examination of precedents, it appears to us that it would be totally imprudent to lay down an absolute principle of law that no death sentence can be awarded in a case where conviction is based on circumstantial evidence. Such a standard would be ripe for abuse by seasoned criminals who always make sure to destroy direct evidence.
Further in many cases of rape and murder of children, the victims owing to their tender age can put up no resistence. In such cases it is extremely likely that there would be no ocular evidence. It cannot, therefore, be said that in every such case nothwthstanding that the prosecution has proved the case beyond reasonable doubt, the Court must not award capital punishment for the mere reason that the offender has not been seen committing the crime by an eye-witness. Such a reasoning, if applied uniformally and mechanically will have devastating effects on the society which is a dominant stakeholder in the administration of our criminal justice system.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1523-1524 OF 2019
Ravishankar @ Baba Vishwakarma Vs The State of Madhya Pradesh
SURYA KANT, J.
Dated:DATED : 03.10.2019
Citation: (2019) 9 SCC 689
