Supreme Court Reopens Sentencing Stage of Death Row Convict in Landmark Ruling

Strategic Insights -

A three-judge Supreme Court bench of Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta on Monday allowed the Article 32 petition of Vasanta Sampat Dupare, a Nagpur man sentenced to death for the rape-and-murder of a four-year-old girl in 2008. The court held that the safeguards laid down in Manoj versus State of Madhya Pradesh (2022) were not applied during Dupare's sentencing, thus reopening the sentencing stage. The bench emphasized the importance of individualized sentencing, fair procedure, and equal treatment under Articles 14 and 21.

Key Takeaways:

  • The Supreme Court has invoked its corrective power under Article 32 to reopen the sentencing stage of death penalty cases where safeguards are not followed.
  • The Manoj vs State of Madhya Pradesh (2022) guidelines must be applied before awarding capital punishment, which includes considering mitigating circumstances and psychological/psychiatric evaluation of the accused.
  • The corrective power is essential to ensure equal treatment, individualized sentencing, and fair procedure under Articles 14 and 21, but its invocation should remain exceptional and not become a routine pathway.
  • The SC has set aside its 2017 order on sentencing, referring the matter to Chief Justice of India Bhushan Gavai for fresh consideration in line with Manoj's case.
  • Senior Advocate Gopal Sankaranarayanan argued that failure to apply Manoj's case amounted to a violation of Dupare's fundamental rights, whereas Maharashtra Advocate General Birendra Saraf opposed the petition, suggesting that concluded matters could not be reopened through Article 32.

Statistics:

  • 2008: The year the crime was committed, resulting in the rape-and-murder of a four-year-old girl.
  • 2010 (September 29): Additional sessions judge awarded capital punishment to Dupare for the crime.
  • 2012 (March): Nagpur bench of Bombay High Court upheld the death sentence.
  • 2014 (November): Supreme Court confirmed the death penalty.
  • 2017 (May): Supreme Court dismissed Dupare's review petition.
  • 2022: Manoj vs State of Madhya Pradesh (2022) guidelines were laid down by the Supreme Court.
  • 2022 (March): Mercy petitions filed by Dupare were rejected by the Maharashtra governor.

Sources:

  • Supreme Court verdict dated [no date provided]
  • Manoj vs State of Madhya Pradesh (2022) [exact case reference]
  • Supreme Court Judgment ([no date provided], but mentioned in the text)
  • Bombay High Court Judgment ([no date provided])