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Head Note

Constitution of India, 1950  - Article 142 , Indian Penal Code,1860  - Section 376 , Section 302

Rape and Murder - Life Imprisonment - 'rarest of rare cases - facts of the case did not warrant death sentence - Sentencing Policy is a way to guide judicial discretion in accomplishing particular sentencing. Generally, two criteria, that is, the seriousness of the crime and the criminal history of the accused, are used to prescribe punishment.

Constitution of India, 1950  - Article 142

Judicial Review - Power of Pardon - Uniform Standards - Not Possible.

Constitution of India, 1950  - Article 142

Whether the direction of the court, that the convict has to serve a particular period of sentence before his case for premature release is considered, infringes upon the clemency or other statutory powers of the executive? - Held, life imprisonment cannot be equivalent to imprisonment for 14 years or 20 years, rather it always meant as the whole natural life - The punishment so awarded would be subject to any order passed in exercise of the clemency powers of the President of India or Governor of State, as the case may be.

Topic(s)-

Important Decision(s)- Life imprisonment cannot be equivalent to imprisonment for 14 years or 20 years, rather it always meant as the whole natural life.