Review of Death Penalty XXI

It would be profitable to refer to Mohd. Mannan v. State of Bihar, (2019) 16 SCC 584 in which it was held, before imposing extreme penalty of Death Sentence, Court should satisfy itself Death Sentence is imperative, as otherwise convict would be a threat to society and there is no possibility of reform or rehabilitation of convict after giving convict an effective, meaningful, real opportunity of hearing.

It is well-settled law, possibility of reformation and rehabilitation of convict is an important factor which has to be taken into account as a mitigating circumstance. We have examined socio-economic background, absence of any criminal antecedents, affidavits filed and certificate issued by Jail Superintendent on conduct during long incarceration of 14 years. It cannot be said, there is no possibility of reformation. Death Sentence is converted to Life Imprisonment for 30 years.

– Hon’ble Justice L. Nageswara Rao, Mofil Khan v. State of Jharkhand, [Review Petition (Criminal) No. 641 of 2015 in Criminal Appeal No. 1795 of 2009].