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january 2014

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.

STATE OF GUJARAT vs KISHANBHAI · Niyam