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Pendency Of Similar Cases Not A Factor While Sentencing

In Rajendra Pralhadrao Wasnik vs State of Maharashtra, death sentence imposed by the Trial Judge was opposed by the appellant. One of the grounds relied upon by the Trial court was the fact that there are two other cases pending against the appellant under similar provisions of law and he expressed the opinion that the pendency of those cases is a circumstance against the appellant. The appellant also opposed the imposition of death penalty on circumstantial evidence.

On the issue of circumstantial evidence, the Supreme Court after looking into various judgments decided that ordinarily, it would not be advisable to award capital punishment in a case of circumstantial evidence. But there is no hard and fast rule that death sentence should not be awarded
in a case of circumstantial evidence.

On the issue of pendency of cases, the Supreme Court opined that it is quite clear that the mere pendency of one or more criminal cases against a convict cannot be a factor for consideration while awarding a sentence. Not only is it statutorily impermissible (except in some cases) but even otherwise it violates the fundamental presumption of innocence – a human right - that everyone is entitled to. The Supreme Court in this issue also disagreed with the Court's judgement in Gurmukh Singh v. State of Haryana

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