State of M.P. vs. Honey @ Kakku
CODE OF CRIMINAL PROCEDURE, 1973 (CrPC)
Section 43 - Arrest by private person and procedure on such arrest
Section 129 - Dispersal of assembly by use of civil force
Section 302 - Punishment for murder
Section 366 - Kidnapping, abducting or inducing woman to compel her marriage
Section 363 - Punishment for kidnapping
Section 376 A - Intercourse by a man with his wife during separation
Section 376 B - Intercourse by public servant with woman in his custody
Section 65 - Cases in which secondary relating to documents may be given
Protection of Children from Sexual Offences (POCSO) Act 2012 in Hindi
Madhya Pradesh High Court (Division Bench (DB)- Two Judge)
CRRFC, 12 of 2019, Judgment Date: Mar 03, 2020
Law laid down -
Rape and murder of 4 1⁄2 years of girl child by the appellant.
- Sentence of death imposed by the trial Court under Section 376A of IPC.
- Reference answered. Rarest of rare case :-
(i) Standard of 100% crime test although satisfied, criminal test of 0% was not satisfied as mandated in (Shankar Kisan Rao Khade vs . State of Maharashtra, 2013 (5) SCC 546).
(ii) In order to impose sentence of death the prosecution not only has to prove the case “beyond reasonable doubt” but also “beyond residual doubt” (Ravishankar @ Baba Vishwakarma vs. State of Madhya Pradesh, 2019 (4) JLJ 258) (pronounced by 3 Judges Bench of Supreme Court).
Para 69, 70, 71, 74, 73, 74 although prosecution had proved its case beyond reasonable doubt, but could not prove it beyond residual doubt.
Held – Death sentence commuted to life imprisonment for reminder of appellant's natural life.
State of M.P. vs. Honey @ Kakku