Supreme Court of India

Manoharan v. State by Inspector of Police, Variety Hall Police Station, Coimbatore

Neutral citation
Reported as [2019] 18 S.C.R. 1007
Bench R. F. Nariman, Surya Kant and Sanjiv Khanna JJ.
Decided 1 August 2019

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.

1 Supreme Court bench has cited this judgment.

What the Court ordered

In view of the aforesaid discussion and on balancing aggravating and mitigating circumstances, in my opinion, the present case does not fall under the category of ‘ rarest of rare’ case i.e. there is no alternative but to impose death senten ce.

Judgment, page 71

From the headnote

Penal Code, 1860 – ss.302, 376 and 201 – Murder – Rape – Co-accused (now deceased) using borrowed school van, pic ked up a 10-year old girl and her 7-year old brother who were waiting to go to school – He thereafter picked up his friend ( accused- appellant) from his house – Girl child was raped and sodomis ed – Both children were administered poison (cow dung powd er) mixed in milk – However, they spat out the substance and only inge sted a small portion – Since poisoning did not work, the c hildren were thrown into a nearby canal, causing their death by drownin g – Co- accused was shot dead

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Where later benches applied it

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