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by Admin
07 May 2024 2:49 AM
The Supreme Court of India has modified the sentence of Kashi Nath Singh @ Kallu Singh, who was convicted for rape and murder of a 14-year-old girl in 2007. The Trial Court had awarded him the death penalty, but the High Court of Jharkhand commuted it to life imprisonment without any benefit of remission. The appellant challenged the judgment of the High Court in the Supreme Court.
The Supreme Court found no merit in the submission of the appellant that he could be extended the benefit of remission. The court considered the severity of the offense and the rights of the victim and her family members. However, keeping in view the appellant's age at the time of the offense and the possibility of his reformation, the court modified the sentence to a fixed term of 30 years without any benefit of remission. The appellant will be released from jail only after serving the full sentence of 30 years, excluding the period of imprisonment already undergone.
The facts of the case, as per the High Court's order, were that the victim had gone to take a bath in the village pond along with the wife and daughter of a neighbor. When the neighbor's wife and daughter returned, the victim did not. Her brother, mother, and neighbor went in search of her and found her dead in a nearby field, with several injuries on her body, including rape. The appellant was seen assaulting her by a stone and fled upon seeing them. The post-mortem report confirmed rape and multiple injuries leading to her death.
The Supreme Court noted that the appellant's guilt was proved beyond reasonable doubt, and there was no challenge to his conviction. The court modified the sentence in the interest of justice, ensuring the appellant serves a substantial period in jail.
Kashi Nath Singh @ Kallu Singh vs The State of Jharkhand
[gview file="https://lawyer-e-news.com/wp-content/uploads/2023/04/20-Apr-2023-KASHI-NATH-VS-STATE-NON.pdf"]
