SC expounds: Punishment of not being released until the last breath is Punitive enough to send a signal to the society rather than Death Sentence. [Read Order]

On 15 June 2020, the Supreme Court of India comprising of Justice Sanjay Kishan Kaul and Justice k.M. Joseph, in the case of State of Telangana v. Polepaka Praveen, deals with the issue that the death sentence imposed by the Trial Court has been modified by the High Court to a life sentence albeit with a rider that the respondent-convict shall not be released till his last breath.

The Petitioner submitted that a signal goes to the society by the imposition of the death sentence.

Supreme Court of India dismissed the Special Leave Petition along with the pending applications which were ordered for disposal. The Supreme Court held that the High Court has deemed it appropriate to impose the life sentence till the last breath Supreme Court also held that under Article 136 of the Constitution of India should not interfere only for conversion of the same into again a death sentence as imposed by the Trial Court.

It was admitted that the retrospective effect was ignored when the punishment is to operate prospectively and logically so.  The punishment of not being released until the last breath is punitive enough to send a signal to the society and it cannot only be the death sentence that can send the right signal.

Read Order @Latestlaws.com