SC: No death sentence for conviction no circumstantial evidence

New Delhi, Jan 17 (UNI) In a judgement with wide ramifications for onthe criminal justice in the country, the Supreme Court has held that death sentence should not be given if the conviction is based on circumstantial evidence.

A Bench comprising Justices S B Sinha and Markandey Katju, in a ruling on January 16, commuted the death sentence awarded to two people convicted of raping and later murdering a minor, to life imprisonment.

Bishnu Parsad Sinha, a watchman and bus conductor Putul Bora were awarded the capital punishment by a trial court in Asom, which was upheld by Gauhati High Court.

The dead body of the seven-year-old minor girl was found from a sceptic tank on July 14, 2002.

The apex court, while commuting the death sentence, observed, ''The question which remains is to what punishment should be awarded. Ordinarily, this court having regard to the nature of the defence would not have differed with the opinion of the learned Sessions Judge as also the High Court in this behalf, but it must be borne in mind that the appellants are convicted only on the basis of the circumstantial evidence. There are authorities for the proposition that if the evidence is circumstantial, ordinarily death penalty would not be awarded.

''Morevoer the appellant no. 1 showed his remorse and repentence even in his statement under section 313 of the Code of the Criminal Procedure. He accepted his guilt,'' the apex court pointed out.

The minor victim, who was staying for the night in Network Travel complex at Paltan Bazar in Guwahati, had been kidnapped by Bishnu who later raped and killed her along with his accomplice Putul Bora UNI