Court to re-examine conviction in light of evolving capital punishment jurisprudence

New Delhi, August 26, 2025 – The Supreme Court has decided to review the 2017 death penalty awarded to a man convicted of raping and killing a four-year-old girl, reopening debate on the scope of capital punishment. The case, which falls under the “rarest of rare” doctrine, will be re-examined in light of judicial principles on sentencing, proportionality, and evolving views on death penalty jurisprudence.

The review comes as part of the apex court’s broader scrutiny of death sentences imposed in recent years. Legal experts say the move underscores the judiciary’s increasing caution in capital punishment cases. By revisiting the 2017 judgment, the court signals its intent to ensure fairness, consistency, and adherence to constitutional principles in extreme cases.

The man was sentenced to death by a trial court, a decision upheld by the high court and later confirmed by the Supreme Court in 2017. However, recent rulings by constitutional benches have highlighted the need to revisit how mitigating and aggravating factors are weighed during sentencing. This has prompted the court to take another look at earlier capital punishment cases (Hindustan Times).

The bench observed that while crimes involving children evoke strong emotions, the justice system must carefully balance deterrence, retribution, and reform. The review is expected to delve into whether the trial and appellate courts sufficiently considered the convict’s socio-economic background, psychological state, and potential for rehabilitation before awarding the death penalty.

Legal scholars note that India’s top court has gradually been shifting towards more nuanced sentencing in heinous crimes. Recent judgments have emphasized life imprisonment as an alternative to death, unless circumstances unquestionably demand capital punishment. The review in this case could set an important precedent for future trials involving child sexual assault and murder.

Human rights groups have welcomed the Supreme Court’s decision to re-examine the case, arguing that capital punishment should be sparingly applied. At the same time, victims’ rights organizations stress that the severity of the crime requires the strictest punishment available under law. The final verdict is expected to reflect the delicate balance between these competing concerns.

The Supreme Court’s review proceedings are likely to draw significant public and legal attention, as the judgment could reshape sentencing standards for child sexual assault and homicide cases across the country. Observers suggest the outcome may also influence legislative debates on whether India should retain or gradually phase out capital punishment.

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