Legal reasons why Death Penalty is not given in every murder case
The law says that if Murder is Proved punishment will be either Life Imprisionment or Death Sentence.
The constitutionality of this law was challenged on the ground of arbitrariness. Because the section provides no guidelines as to when to give life sentence and when to give death sentence.
The Supreme Court upheld validity of above section with clarification that Death Sentence in Rarest of Rare Crime and in other cases Life Imprisionment.
Then a question arose: Which crime can be considered "Rarest of Rare"?
Time to time judges have laid down which crimes are considered Rarest of Rare.
But they also said, no hard and fast rule can be laid. In each case they will decide whether it is rarest of rare crime or not.
Thus, this is a question of fact in each case.
Haresh Raichura
9/10/13
