“Rarest of rare”scenario

A sessions court in Kolkata sentenced Sanjoy Roy, convicted of the rape and murder of a doctor at RG Kar Medical College and Hospital, to life imprisonment. The CBI had argued strongly for the death penalty in the case.

Courts must weigh aggravating circumstances against mitigating circumstances to determine whether a case qualifies as a “rarest of rare” scenario, as laid down in the landmark Supreme Court judgment in Bachan Singh v. State of Punjab (1980).

Key Aspects from the Bachan Singh Judgement:

  • Aggravating Circumstances:
    • The crime’s premeditated and brutal nature.Involvement of extreme depravity or heinous intent.The victim being a public servant or performing duties that incurred the wrath of the accused.
  • Mitigating Circumstances:
    • Mental state or emotional disturbance of the accused.Potential for reform and rehabilitation.Absence of a sustained threat to society if the accused is allowed to live.

The Session Court’s Balancing Act:

  • The sessions court opted for life imprisonment, indicating that it might not have considered this case to meet the threshold of “rarest of rare.”
  • The Central Bureau of Investigation (CBI) argued for the death penalty, likely emphasizing the brutality and public outrage surrounding the crime.

(Source: Indian Express)

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