BHAGGI @ BHAGIRATH @ NARAN versus STATE OF MADHYA PRADESH

Citation: [2024] 2 S.C.R. 111 · Decided: 05-02-2024 · Supreme Court of India · Bench: C.T. RAVIKUMAR, RAJESH BINDAL · Disposal: Case Partly allowed
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Judgment (excerpt)

[2024] 2 S.C.R. 111 : 2024 INSC 82
Bhaggi @ Bhagirath @ Naran 
v. 
The State of Madhya Pradesh
(Special Leave Petition (Crl). 2888 of 2023)
05 February 2024
[C.T. Ravikumar and Rajesh Bindal, JJ.]
Issue for Consideration
The capital punishment awarded to the petitioner-convict for the 
conviction u/s. 376 AB, IPC was not confirmed and it was commuted 
to imprisonment for life, which, going by the provisions thereunder, 
means imprisonment for the remainder of the convict’s natural life. 
The only question is whether the commutation of capital punishment 
to sentence of life imprisonment requires further interference. 
Headnotes
Sentence/Sentencing – Modification of sentence – Allegation 
that petitioner-convict took 7 year old girl to a temple and raped 
her – Trial Court convicted petitioner u/s. 376 AB – Though, 
the petitioner was also convicted u/s. 376 (2) (i) and u/ss. 
3/4, s. 5(d)/6 of the POCSO Act taking note of his conviction 
u/s. 376 AB, IPC, no separate sentences were awarded for 
the aforesaid offences by the trial Court – The High Court 
commuted it to imprisonment for life – Propriety:
Held: The evidence would reveal that unmindful of the holiness of 
the place petitioner disrobed victim and himself and raped her – 
When such an act was done by the petitioner, who was then aged 
40 years and X who was then aged only 7 years and the evidence 
that when PW-2 and PW-14 reached the place of occurrence, 
blood was found oozing from the private parts of the disrobed 
child – The High Court had rightly considered the aggravating and 
mitigating circumstances while commuting the capital sentence 
into life imprisonment which going by the provisions u/s. 376 AB, 
IPC means rest of the convict’s natural life – For effecting such 
commutation, the High Court also considered the question whether 
there is possibility for reformation and rehabilitation of the petitioner 
and opined that it is not a case in which the alternative punishment 
112
[2024] 1 S.C.R.
Digital Supreme Court Reports
would not be sufficient in the facts of the case – But then, it is 
noted that if the victim is religious every visit to any temple may 
hark back to her the unfortunate, barbaric action to which she was 
subjected to – So also, the incident may haunt her and adversely 
impact in her future married life – On consideration of all such 
aspects, a fixed term of sentence of 30 years, which shall include 
the period already undergone, must be the modified sentence of 
imprisonment – The convict is also liable to suffer a sentence of fine 
which shall be just and reasonable to meet the medical expenses 
and rehabilitation of the victim which is quantified as Rupees One 
Lakh and the same shall be paid to the victim with respect to the 
conviction u/s. 363, IPC. [Paras 15, 16, 17]
Case Law Cited
Union of India v. V. Sriharan alias Murugan and Ors., 
[2015] 14 SCR 613 :(2016) 7 SCC 1 – followed.
Mulla v. State of U.P, [2010] 2 SCR 633 : (2010) 3 
SCC 508; Shiva Kumar @ Shiva @ Shivamurthy v. 
State of Karnataka, [2023] 4 SCR 669 : (2023) 9 SCC 
817 – relied on.
Bantu alias Naresh Giri v. State of M.P., [2001] 4 Suppl. 
SCR 298 : (2001) 9 SCC 615; Amrit Singh v. State of 
Punjab, [2006] 8 Suppl. SCR 889 : (2006) 12 SCC 
79; Rameshbhai Chandubhai Rathod (2) v. State of 
Gujarat, [2011] 1 SCR 829 : (2011) 2 SCC 764; Swamy 
Shraddananda (2) alias Murali Manohar Mishra v. State 
of Karnataka, [2008] 11 SCR 93 : (2008) 13 SCC 767 
– referred to.
List of Acts
Penal Code, 1860; Code of Criminal Procedure, 1973; Protection 
of Children from Sexual Offences Act, 2012
List of Keywords
Sentence; Sentencing; Modification of sentence; Fixed term of 
sentence; Capital Punishment; Capital Punishment commuted to 
imprisonment for life; Rape of a minor; Fine; Medical expenses 
and rehabilitation of the victim.
[2024] 1 S.C.R. 
113
Bhaggi @ Bhagirath @ Naran v. The State of Madhya Pradesh
Case Arising From
CRIMINAL APPELLATE JURISDICTION : Special Leave Petition 
(Crl.) No.2888 of 2023
From the Judgment and Order dated 11.10.2018 of the High Court of 
M.P. Principal Seat at Jabalpur in CRA No.5725 of 2018
Appearances for Parties
Mrs. K. Sarada Devi, R. Vijay Nandan Reddy, V. Krishna Swaroop, 
Advs. for the Appellants.
Mrs. Ankita Chaudhary, AAG, Ms. Mrinal Gopal Elker, Abhimanyu 
Singh-G.A., Abhijeet Pandove, Advs. for the Respondent.
Judgment / Order of the Supreme Court
Order
1.	
The petitioner-convict seeks to assail the judgment dated 11.10.2018 
o
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