STATE OF RAJASTHAN versus JAMIL KHAN

Citation: [2013] 14 S.C.R. 361 · Decided: 27-09-2013 · Supreme Court of India · Bench: C.K. PRASAD · Disposal: Disposed off
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Judgment (excerpt)

(2013) 14 S.C.R. 361 
STAlE OF RAJASTHAN 
v. 
JAMIL KHAN 
(Criminal Appeal No. 659 of 2006) 
SEPTEMBER 27, 2013 
[CHANDRAMAULI KR. PRASAD AND 
KURIAN JOSEPH, JJ.] 
Penal Code, 1860: 
ss. 302, 376 and 201 - Rape and murder of a minor child 
below 5 years - By 19 year old man - Conviction and death 
sentence by trial court - High Court confirmed the conviction 
but altered the death sentence to life imprisonment - Held: 
A 
B 
c 
The crime is of extreme mental perversion, well planned and 
0 
barbaric - Having regard to the nature of the crime, manner 
of commission of offence, and major aggravating factor of 
extreme repulsion which has shocked the collective 
conscience of the community and the court, and the sole 
mitigating factor of his young age, punishment of life 
E 
imprisonment is grossly inadequate - Bul in view of the fact 
that nine years have passed since the death sentence was 
commuted to life imprisonment, it would not be just and proper 
F 
to alter life imprisonment to death sentence - Life sentence 
means 'imprisonment till the end of one's biological life' -
However, in view of power of the State ulss. 432 and 433 
Cr.P.C.; the sentences passed for the offences u!ss. 302, 376 
am;/ 201 /PC, are directed to run consecutively, if there is any 
remission or commutation - The remission or commutation 
would not be before the minimum prescribed period of 
sentence for the respective offences - Code of Criminal G 
Procedure, 1973 - ss. 432, 433 and 433A - Sentence/ 
Sentencing - Death sentence. 
s. 53 - Amendment of -
Suggested -
To introduce 
361 
H 
~362 
SUPREME COURT REPORTS 
[2013) 14 S.C.R. 
A another category of life imprisonment without remission or 
commutation - Code of Criminal Procedure, 1973 - ss.432 
and 433. 
B 
Sentence/Sentencing: 
Death sentence - 'Rarest of rare' category test - Held: 
The crimes, which shock the collective conscience of the 
society by creating extreme revulsion in the minds of the 
people, are to be treated as rarest of the rare category. 
c 
Death sentence -
'Mitigating circumstances' -
Consideration of - Held: While considering the mitigating 
factors, the poverty or socio-economic, psychic or undeserved 
adversities in life, shall be considered as mitigating factors, 
only if those factors have a compelling or advancing role to 
D play in the commission of the crime or otherwise influencing 
the criminal. 
Code of Criminal Procedure, 1973: 
Chapter XXV/11 -
Death reference -
Scope of 
E consideration - Held: While C<?nsidering death reference, the 
High Court is required to find that special reasons are 
available in the facts of the case to cofirm the death sentence 
- The provisions under Chapter XXV/11 show the seriousness 
with which the High Court has to consider the reference - The 
F High Court in the present case commuted the death sentence 
to life imprisonment without discussing mitigating or 
aggravating circumstances. 
ss. 432, 433 and 433A - Power of remission and 
G commutation - Exercise of - Scope of - Held: If parliament 
has mandated a minimum sentence for certain offences, the 
State being its delegate, cannot interfere with the same, in 
exercise of its power for remission or commutation. 
In the present case, a girl below five years of age was 
H raped and murdered and thereafter the body was secretly 
STATE OF RAJASTHAN v. JAMIL KHAN 
363 
left in a train packing the same in a sack. Trial court A 
convicted the respondent-accused u/ss. 302, 376 and 201 
IPC and sentenced him to death. 
High Court confirmed the conviction of the accused, 
but while considering the death reference turned down 
the death sentence, holding that the case did not fall in 
the 'rarest of rare case' category and awarded life 
imprisonment instead. Hence the present appeal by the 
State, seeking death sentence for the respondent-
accused. 
Disposing of the appeal, the Court 
B 
c 
HELD: 1. Chapter XXVlll of Cr.PC (containing 
Sections 366 to 371) deals with the process of 
confirmation of death sentence by the High Court. The 
0 
provisions lay down the detailed procedure on 
confirmation of death sentence. The detailed procedure 
would clearly show the seriousness with which the High 
Court has to consider a reference for the confirmation of 
death sentence. The High Court must refer to the special 
reasons found by the Sessions Court for inclusion of the 
case in the rarest of rare category. It has to be seen that 
E 
the trial court has already passed a sentence an
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