STATE OF U.P. versus SANJAY KUMAR

Citation: [2012] 7 S.C.R. 359 · Decided: 21-08-2012 · Supreme Court of India · Bench: B.S. CHAUHAN, SWATANTER KUMAR · Disposal: Dismissed
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Judgment (excerpt)

[2012] 7 S.C.R. 359 
STATE OF U.P. 
v. 
SANJAY KUMAR 
(SLP (Crl.) No. 6467 of 2012) 
AUGUST 21, 2012 
[DR. B.S. CHAUHAN AND SWATANTER KUMAR, JJ.] 
PENAL CODE, 1860: 
A 
B 
ss. 302 and 376 - Rape and murder of an eighteen year c 
old girl - Death sentence - Commuted by High Court to life 
imprisonment - Held: High Court is correct to the extent that 
the facts of the case did not warrant death sentence. 
SENTENCE/SENTENCING: 
Sentencing policy - Principle of proportionality -
Aggravating and mitigating circumstances - Commutation of 
death sentence to imprisonment for fife or imprisonment for 
a specified term - Clemency power of Sovereign - Expression 
D 
"life imprisonment" - Connotation of - Discussed - Constitution 
E 
of India, 1950 - Arts. 142, 72 and 161 - Separation of powers 
- Code of Criminal Procedure, 1973 - s.433, 433-A. 
Neel Kumar @ Anil Kumar v. State of Haryana, (2012) 
5 SCC 766; and Sandeep v. State of UP. (2012) 6 SCC 107; 
Ramraj v. State of Chhattisgarh 2009 (16) SCR 367 = AIR 
2010 SC 420; Mui/a & Anr. v. State of Uttar Pradesh, 2010 
F 
(2) SCR 633 =AIR 2010 SC 942; and Rameshbhai 
Chandubhai Rathod v. State of Gujarat 2011 (1) SCR 829 
=AIR 2011 SC 803; Swamy Shraddananda @ Murali 
Manohar Mishra v. State of Karnataka, 2008 (11) SCR 93 
G 
=AIR 2008 SC 3040; His Holiness Kesavananda Bharati 
Sripadagalvaru v. State of Kera/a & Anr., 1973 Suppl. SCR 
1 =AIR 1973 SC 1461; Smt. Indira Nehru Gandhi v. Shri Raj 
359 
H 
360 
SUPREME COURT REPORTS 
[2012] 7 S.C.R. 
A Narain and Anr. 1976 SCR 347 =AIR 1975 SC 2299; and 
State of West Bengal & Ors. v. The Committee for Protection 
of Democratic Rights, West Bengal and Ors. 2010 (2) SCR 
979 =AIR 2010 SC 1476; Jayawant Dattatraya Suryarao v. 
State of Maharashtra 2001 (5) Suppl. SCR 54 = (2001) 10 
B SCC 109; Manish Goel v. Rohini Goel, 2010 (2) SCR 414 = 
AIR 2010 SC 1099; State of Haryana v. Jagdish 2010 (3) 
SCR 716 = AIR 2010 SC 1690; Sevaka Perumal etc. v. 
State of Tamil Nadu 1991 (2) SCR 711 = AIR 1991 SC 1463; 
Ravji v. State of Rajasthan 1995 (6) Suppl. SCR 195 =AIR 
c 1996 SC 787; State of Madhya Pradesh v. Ghanshyam 
Singh 2003 (3) Suppl. SCR 618 = AIR 2003 SC 3191; 
Dhananjay Chatterjee alias Dhana v. State of WB. AIR 2004 
SC 3454; Rajendra Pralhadrao Wasnik v. The State of 
Maharashtra, AIR 2012 SC 1377; and Brajendra Singh v. 
0 
State of Madhya Pradesh, AIR 2012 SC 1552 - referred to. 
Exp. Grossman, (1924) 69 Led. 527 - referred to. 
Case Law Reference: 
E 
(2012) 5 sec 766 
referred to 
para 5 
(2012) 6 sec 101 
referred to 
para 5 
2009 (16) SCR 367 
referred to 
para 6 
2010 (2) SCR 633 
referred to 
para 6 
F 
2011 (1) SCR 829 
referred to 
para 6 
2008 (11) SCR 93 
referred to 
para 8 
1973 Suppl. SCR 1 
referred to 
para 10 
G 
1976 SCR 347 
referred to 
para 10 
2010 (2) SCR 979 
referred to 
para 10 
2001 (5) Suppl. SCR 54 
referred to 
para 11 
H 
2010 (2) SCR 414 
referred to 
para 12 
STATE OF U.P. v. SANJAY KUMAR 
361 
(1924) 69 Led. 527 
referred to 
para 13 
2010 (3) SCR 716 
referred to 
para 14 
1991 (2) SCR 711 
referred to 
para 15 
1995 (6) Suppl. SCR 195 referred to 
para 15 
2003 (3) Suppl. SCR 618 referred to 
para 15 
2004 AIR 3454 
referred to 
para 15 
2012 AIR 1377 
referred to 
para 15 
2012 AIR 1552 
referred to 
para 15 
CRIMINAL APPELLATE JURISDICTION: Special Leave 
Petition (Crl.) No. 6467 of 2012. 
From the Judgment & Order dated 22.02.2012 of the High 
Court of Allahabad in Criminal Appeal (Capital Case) No. 7760 
of 2009. 
Vivek Vishnoi, Gaurav Agarwal (for M.R. Shamshad) for 
the Petitioner. 
The order of the Court was delivered 
ORDER 
1. Delay condoned. 
2. This petition has been filed against the impugned 
judgment and Order dated 8.2.2012 passed by the High Court 
of Judicature at Allahabad in Criminal Appeal (Capital Case) 
A 
B 
c 
D 
E 
F 
No. 7760 of 2009, by which the High Court has commuted the 
death sentence awarded to the respondent by the Sessions 
G 
Court, in life imprisonment upon recording its conclusion that it 
was not among the 'rarest of rare cases', in which death penalty 
could be awarded. 
H 
362 
SUPREME COURT REPORTS 
[2012] 7 S.C.R. 
A 
3. Facts and circumstances giving rise to this petition are 
as follows: 
A. The respondent was engaged in the work of whitewash 
in the house of one Shyam Ji Sharma, resident of Tulsi Vihar 
8 Colony, Varanasi and his very close relative Divya Rani was 
staying with him, as she was appearing for her Intermediate 
examination. The complain
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