Kolkata Rape And Murder Case: A few months ago, a case of rape and murder in Kolkata, West Bengal shook the entire country. Here at night a trainee doctor was first raped and then murdered. The name of the accused who committed this brutality was Sanjay Roy, who has now been sentenced to life imprisonment by the court. Whereas the whole country and the victim’s family were hopeful that this brute would be sentenced to death. However, the court did not do so and refused to consider it as the rarest of rare case. In such a situation, a question is arising in the minds of people that which cases are included in the rarest of rare cases.
right to life in indian law
In many countries of the world, people are given death sentence even for small crimes, whereas this is not the case in India. Here the guilty or accused gets every possible legal help and he is given the right to life in the Constitution. However, when such cases came up in the country, which completely embarrassed humanity and left people in shock, then the debate started on it. In 1980, a case came which decided in which cases death penalty could be given.
When rarest of rear was mentioned for the first time
In Punjab, a murderer named Bachchan Singh killed his wife. For which he was sentenced to 14 years in jail, but when he came out of jail, due to a dispute, he killed his brother’s children with an axe. After this, the lower court sentenced Bachchan Singh to death, which was also upheld by the High Court.
After getting the death sentence, the murderer appealed to the court invoking the Constitution, but the five-judge bench of the Supreme Court rejected it and gave a historic verdict saying that in the rarest of rare case, the right to life given in the Constitution was violated. can be withdrawn. Here the rarest of rare was mentioned for the first time.
Death penalty is given in these cases
That means any person can be given death penalty only when the case is considered rarest of rare. Such cases include brutal murder of someone, burning someone alive or mass murders. Although there was definitely brutality in the Kolkata case too, the court refused to consider it as the rarest of rare case, which is why the convict Sanjay Roy was sentenced to life imprisonment instead of death sentence.
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