SC to re-examine its death penalty order for rape-murder convict

The Supreme Court has agreed to re-examine the case of a death row convict punished for raping and killing a minor in 2008.

A Bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta said the case could be reopened on the point of sentence if guidelines on mitigating factors framed by the apex court in 2022 were not followed at the time of punishment.

Vasant Sampat Dupare, who hails from Nagpur, was punished for raping and killing the four-year-old minor girl in April 2008. The top court upheld the conviction but set aside the 2017 view on sentencing for now and placed the matter before Chief Justice BR Gavai for appropriate directions.

Dupare lured the girl with chocolates, raped her and disfigured her face to avoid identification. While allowing Dupare’s plea, the top court referred to the 2022 verdict in Manoj vs Madhya Pradesh, in which it issued several guidelines and mandated trial courts to collect the accused’s psychiatric and psychological evaluation report before awarding death.

“We hold that Article 32 of the Constitution of India empowers this court in cases related to capital punishment to reopen the sentencing stage where the accused has been condemned to death penalty without ensuring that the guidelines mandated in Manoj (supra) were followed,” the Bench held on Tuesday. Calling it “corrective power”, the Bench underlined its precise use in rigorously applying the safeguards in the 2022 verdict to ensure the condemned were not deprived of the fundamental rights.

The top court said the majesty of the Constitution was not in the might of the state but in its restraint.

When the court contemplates capital punishment, it enters a domain where justice must be tempered by conscience and guided by the unwavering promises of equality, dignity and fair procedure, it added.