SC commutes man's death-penalty to life-term over his reformative poems
The Supreme Court has commuted to life term the death penalty awarded to a man for murdering a child, saying he wanted to reform himself and the poems written by him in jail indicate that he realized his mistake. The bench noted Danyaneshwar Suresh Borkar was 22 years old when he committed the crime and while in jail, tried to become a "civilized man".
Borkar has been lodged in jail for last 18 years
A bench headed by Justice AK Sikri noted that Borkar tried to "join the society" and become a "civilized man" in jail. The bench, also comprising justices S Abdul Nazeer and MR Shah, said that the man was lodged in jail for the last 18 years and his conduct showed that he could be reformed and rehabilitated.
Striking balance between the aggravating and mitigating circumstances: Bench
"... We are of the opinion that, in the facts and circumstances of the case, capital punishment is not warranted," the bench said. "Striking the balance between the aggravating and mitigating circumstances, we are of the opinion that mitigating circumstances are in favor of the accused (Borkar) while commuting the death sentence to life imprisonment," it further said.
Several mitigating circumstances were in favor of convict: Bench
The bench noted several mitigating circumstances which were in favor of the convict, including that "from the poems, written by him in the jail, it appears that he has realized his mistake which was committed by him at the time when he was of young age and that he is reformative." Borkar had approached the SC challenging the May 2006 order of Bombay HC.
The accused had challenged the 2006 Bombay HC order
Borkar had challenged the May 2006 order of the Bombay High Court confirming the death penalty awarded to him by a trial court in Pune for killing a minor child. His counsel had argued in the apex court that Borkar's conduct was very good in jail and he completed his studies in prison and tried to become a civilized person.
This case falls in the 'rarest of rare case': SC
"Though we acknowledge the gravity of the offense, we are unable to satisfy ourselves that this case would fall in the category of 'rarest of rare case' warranting the death sentence," the bench said.
