Supreme Court of India · 2014-01-07
STATE OF GUJARAT vs KISHANBHAI
- Citation / case number
- SC 2005/27833
- Court
- Supreme Court of India
- Petitioner
- STATE OF GUJARAT
- Respondent
- KISHANBHAI
- Author
- Jagdish Singh Khehar
- Bench
- JAGDISH SINGH KHEHAR CHANDRAMAULI KR. PRASAD
Judgment text excerpt
The Supreme Court upheld the conviction of Kishanbhai under Section 302 IPC for the murder of six-year-old Gomi, establishing that the prosecution proved beyond reasonable doubt the elements of murder, including intent and premeditation. The Court emphasized that the brutal nature of the crime, involving kidnapping, rape, and dismemberment, warranted the death penalty as the appropriate punishment under Section 376 and Section 302 IPC. The Court affirmed the lower court's decision, rejecting the defense's arguments regarding lack of evidence and motive, thereby reinforcing the legal principle that heinous crimes against children demand stringent punishment.