Does Life Sentence Now Mean 30 Years in Jail?



While considering the case of the accused father, Justice Chauhad said, "We are of the considered opinion that the case does not fall within the rarest of rare cases. However, considering the nature of offence, age and relationship of the victim with the appellant and gravity of injuries caused to her, appellant cannot be awarded a lenient punishment. Thus, in the facts and circumstances of the case, we set aside the death sentence and award life imprisonment. The appellant must serve a minimum of 30 years in jail without remission, before consideration of his case for premature release," as reported Dhananjay Mahapatra for TOI.

In the second judgment on May 11 Justice Kalifulla said "rarest of rare case" and he explained the principle “a deliberately planned crime, executed meticulously in a diabolic manner, exhibiting inhuman conduct in a ghastly manner touching the conscience of everyone, thereby disturbing the moral fiber of society."

In the case of boy friend Sandeep the bench of Justices Chauhan and Kalifulla were of the opinion that “avaricious conduct and lust" of the accused and the terrible way he took away the life of his girlfriend by causing multiple injuries all over the body with all kinds of weapons never deserved any mercy from the law.

"Imposition of death penalty to the accused Sandeep was not warranted and while awarding life imprisonment, we hold that accused Sandeep must serve a minimum of 30 years in jail without remission before consideration of his case for premature release, “the bench added.

Supreme Court has extended the life sentence even before in certain cases, Swami Shraddhanand case is an example for this. In these occasions the court specified that accused must spend at least 20 years in prison before being entitled for remission. These changes are necessary since most cases calling for death sentence reach Supreme Court.