Rabbu @ Sarvesh vs State Of Madhya Pradesh 2024 INSC 720 – Rape – Death Penalty Commuted

Criminal Trial -Sentencing – Death Penalty – The age of the accused at the time of commission of crime along with other factors can certainly be taken into consideration as to whether the death penalty needs to be commuted or not- In this case, Appellant convicted for offences punishable under Sections 450, 376(2)(i), 376D, 376A and 302 read with 34 of the IPC and Section 5(g)/6 of the POCSO – Conviction upheld- Appellant comes from a socio-economic backward stratum of the society, he lost his mother and brother at the tender age. The appellant and his family members do not have any criminal background. The appellant was of a tender age of 22 years when the incident occurred-It cannot be said that the appellant is a hardened criminal, who cannot be reformed. The possibility of the appellant, if given the chance of being reformed, cannot be ruled out- Death penalty commuted to fixed imprisonment without remission for a period of 20 years.