CALCUTTA HIGH COURT HIGHLIGHTS THE PRINCIPLES OF JUSTICE IN PUNISHMENT
Jalpaiguri Circuit Bench of Calcutta High Court superseded the death sentence into life imprisonment of one Aftab Alam. He was convicted for the murder of his uncle. The court is of the opinion that this case doesn’t come under ‘rarest of rare’. Also Judges must show justice on the basis of compassion and restraint not out of any revenge.
BACKGROUND OF THE CASE
Aftab Alam was convicted under Section 396 of Indian Penal Code in murdering his maternal uncle. He was convicted by the Jalpaiguri Sessions Court on 28th July 2023. Aftab Alam and his co-offenders attacked and assaulted his maternal uncle and later it turned into his death. Maternal aunt was also attacked by them but she escaped from the danger. The Session Court convicted him for the death penalty.
ARGUMENTS
The defence argued that the aftab alam was of young age and the court must consider that age factor. Also they pointed out that this act occurred without any prior planning and a sudden action.
The prosecution is in the argument that the accused have done a serious and heinous crime and definitely he deserves the death penalty.
COMMENTS FROM THE JUDGES
The appeal came before the division bench composed of Justices Sabyaschi Bhattacharyya and Uday Kumar. The Court upheld the conviction of aftab and in the view of that the death sentence is irreversible so it can only be used in “rarest of rare” cases and the court referred the judgment in ‘ Bachan Singh V State of Punjab’, this case specifically mentions that the capital punishment should be pronounced only in the case of ‘Rarest of Rare’. The court also remarks that the judges should not be “bloodthirsty”. If there emerges any new evidence in favour of the accused the life of the person cannot be turned back to old life.
FINAL DECISION
The High Court withheld Aftab Alam’s Conviction order of Sessions Court under Section 396 IPC. The Death Penalty superseded to Life imprisonment of 20 years without any premature release except in exceptional circumstances.
CONCLUSION
In the case of Aftab Alam V State of West Bengal, by superseding the Death Penalty of accused to Life Imprisonment, the court reminded that the judges must be take extra care in these type of Situations that the death sentence can only be pronounced when there is a rarest of rare situation. Punishment should be out of revenge and must be in a fair manner.
AUTHOR DETAILS:
Aswathy S Menon, a law graduate from Mar Gregorios College of Law, Thiruvananthapuram, and Practicing as a lawyer at High Court of Kerala with over two years of experience in litigation, compliance, and legal research. She has contributed to legal content writing and worked on civil, criminal, and corporate matters, with particular interests in corporate governance, contract law, and dispute resolution.