Supreme Court of India

Rameshbhai Chandubhai Rathod v. The State of Gujarat

Neutral citation
Reported as [2011] 1 S.C.R. 829
Bench Harjit Singh Bedi, P. Sathasivam and Chandramauli Kr. Prasad JJ.
Decided 24 January 2011

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

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What the Court ordered

We hold that despite the nature of the crime, the mitigating circumstances can allow us to substitute the death penalty with life sentence.

Judgment, page 8

From the headnote

Sentence/Sentencing: Death sentence or life imprisonment - In case of rape and murder of young girl of tender age - Difference of opinion between Judges on sentencing part - Pasayat, J. observed that the case fell within the category of the rarest of rare cases as the deceased was a helpless child of_Jender age and the appellant, being a watchman in the building in which she was residing was in a position of trust, and as the murder and rape was particularly brutal, the death sentence was the only adequate one - Ganguli, J. differed on this aspect and held that a sentence of life imprisonment

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