Penal Code, 1860 — Ss. 302, 376, 364, 366-A and 201 — Rape and murder of 5 yr old girl by strangulation

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Low age of victim cannot be considered as only or sufficient factor by Supreme Court for imposing death sentence. (para 35) Sentences awarded to appellant under Ss. 376, 364, 366-A and 201 IPC, upheld. However, considering mitigating circumstances, death sentence awarded under S. 302, is commuted to life imprisonment with stipulation that appellant shall not be entitled to premature release/remission before undergoing actual imprisonment of 30 yrs. Further held, further sentences awarded shall run concurrently and not consecutively. (para 38)

 [Irappa Siddappa Murgannavar v. State of Karnataka, (2022) 2 SCC 801]

Related posts:

  1. Penal Code, 1860 — S. 302 or S. 304 — Murder or culpable homicide — Action of accused having pushed down the deceased and thereafter standing on his abdomen and pushing down with crushing action and death due to septicaemia:
  2. Penal Code, 1860 — S. 364-A — Kidnapping for ransom — Necessity to prove each and every ingredient prescribed in S. 364-A
  3. Penal Code, 1860 — S. 302 — Circumstantial evidence in Murder trial —
  4. Penal Code, 1860 — S. 34 — Requirements for Conviction with aid of S. 34

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