Supreme Court of India
Dattatraya @ Datta Ambo Rokade v. The State of Maharashtra
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4 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that death sentence cannot be inflicted on the appellant since the dict um of the Constitution Bench in Bachan Singh is that the legi slative policy in Section 354(3) of the 1973 Code is that for a person convicted of murder, life imprisonment is the rule an d death sentence, an exception, and the mitigating circumstances mu st be given due consideration.
Judgment, page 32
From the headnote
Penal Code, 1860: ss. 302, 376(2)(f), 377, 363, 364 , 367 and 201 r/w ss. 3,4,5 (i) (l) and (m) of the Protecti on of Children from Sexual Offences Act, 2012 – Rape and murder of minor child – Conviction by trial court – Death sentence – High Court confirmed the conviction and sentence – Appeal to Supreme Court – He ld: In view of the forensic reports along with extra-judicial confession made by the accused, conviction upheld – However, there is no material to show that the intention of the accused wa s to kill the victim – There is also no evidence to show any diabolic planning by the
Authorities it was built on
- 1983 Machhl Singh and Others v. State of Punjab
- 2009 Santosh Kumar Satishbhushan Bariyar v. State of Maharashtra
- 1998 Panchhi and Ors. Etc. v. State of U.P.
- 2010 Mulla & Anr. v. State of U.P.
- 2013 Mohinder Singh v. State of Punjab
- 1976 Santa Singh v. State of Punjab
- 1977 Dagdu & Others Etc. v. State of Maharashtra
- 2004 Surendra Pal Shivbalakpal v. State of Gujarat
- 2002 Lehna v. State of Haryana
- 2003 Amit @ Ammu v. State of Maharashtra
- 2009 Haru Ghosh v. State of West Bengal
- 2012 Ajay Pandit @ Jagdish Dayabhai Patel & Anr. v. State of Maharashtra
Where later benches applied it
- 2025 Dashwanth v. State of Tamil Nadu
- 2023 Sundar @ Sundarrajan v. State by Inspector of Police
- 2022 In Re: Framing Guidelines Regarding Potential Mitigating Circumstances to Be Considered While Imposing Death Sentences v. In Re: Framing Guidelines Regarding Potential Mitigating Circumstances to Be Considered While Imposing Death Sentences
- 2020 Shatrughna Baban Meshram v. State of Maharashtra
Of those, 3 referred to · 1 mentioned
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