In Reference Of State Of ... vs Dipak Baghel
2022 Latest Caselaw 3939 Chatt

                          HIGH COURT OF CHHATTISGARH, BILASPUR

                                                  Order Sheet

                                           CRREF No. 2 of 2021

                    In reference of State of Chhattisgarh Versus Dipak Baghel

DB
Hon'ble Shri Justice Sanjay K. Agrawal
Hon'ble Shri Justice Sachin Singh Rajput




          22.06.2022                Mr. Sunil Otwani, Addl. A.G. and Mr. Sudeep Verma,
                           Dy. G.A. for the State.

                                    None for the respondent.

This criminal reference is before us for confirmation of the death sentence awarded to the respondent herein by learned Additional Sessions Judge, Fast Track Special Court (POCSO), Rajnandgaon vide impugned judgment dated 08/10/2021.

The Supreme Court in the matter of Manoj and others v. State of Madhya Pradesh1 has directed for consideration of the following information in case of death sentence in a time-bound manner :-

"215. Next, the State, must in a time-bound manner, collect additional information pertaining to the accused. An illustrative, but not exhaustive list is as follows :

a) Age

b) Early family background (siblings, protection of parents, any history of violence or neglect)

c) Present family background (surviving family members, whether married, has

1 Criminal Appeal Nos. 248-250 of 2015 decided on 20-5-2022 children, etc.)

d) Type and level of education

e) Socio-economic background (including conditions of poverty or deprivation, if any)

f) Criminal antecedents (details of offence and whether convicted, sentence served, if any)

g) Income and the kind of employment (whether none, or temporary or permanent etc);

h) Other factors such as history of unstable social behaviour, or mental or psychological ailment(s), alienation of the individual (with reasons, if any) etc.

This information should mandatorily be available to the trial Court, at the sentencing stage. The accused too, should be given the same opportunity to produce evidence in rebuttal, towards establishing all mitigating circumstances.

216. Lastly, information regarding the accused's jail conduct and behaviour, work done (if any), activities the accused has involved themselves in, and other related details should be called for in the form of a report from the relevant jail authorities (i.e., probation and welfare officer, superintendent of jail, etc.). If the appeal is heard afater a confirmation, as the case may be - a fresh report (rather than the one used by the previous court) from the jail authorities is recommended, for a more exact and complete understanding of the contemporaneous progress made by by accused, in the time elapsed. The jail authorities must also include a fresh psychiatric and psychological report which will further evidence the reformative progress, and reveal post-conviction mental illness, if any. "

In that veiw of the matter, learned State counsel is directed to collect the aforesaid information related to the accused within two weeks and produce it before the Court on the next date of hearing.

List the matter for final hearing in the week commencing 11th July, 2022.

Meanwhile, also issue notice to the maternal uncle of the victim namely Dilip Kumar Manikpuri (P.W.-3) notifying him about the present proceeding.

                         Sd/-                      Sd/-

                (Sanjay K. Agrawal)       (Sachin Singh Rajput)

                       Judge                       Judge

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