Delhi HC commutes death sentence, sets precedent in conviction of man responsible for kidnapping & murder of 12-year-old neighbor

Delhi HC commutes death sentence, sets precedent in conviction of man responsible for kidnapping & murder of 12-year-old neighbor

Delhi High Court has commuted the death sentence of a man convicted for the heinous kidnapping and murder of his 12-year-old neighbor back in 2009. The court has ruled that the case does not fall under the category of "rarest of rare cases" and has expressed belief in the possibility of the convict's reformation.

The division bench, comprising Justices Mukta Gupta and Anish Dayal, modified the earlier trial court's order and replaced the death sentence with rigorous imprisonment for life, without the possibility of remission for a period of 20 years.

Citing the potential for the convict's rehabilitation, the court stated, "It is not a case where reformation of the appellant is not possible, and accordingly, this Court is of the considered view that sentence of imprisonment for life with no remission till 20 years would be the appropriate sentence."

The convict, Jeevak Nagpal, was found guilty of kidnapping the child and subsequently demanding ransom from the father. Tragically, Nagpal went on to murder the innocent child, employing brutal methods including smothering and using a jack handle from his car. The child's lifeless body was callously disposed of in a dry drain. Nagpal was only 21 years old at the time of the crime.

While rejecting Nagpal's appeal against his conviction, the court emphasized that the murder was not premeditated, as the convict had no weapon with him. Consequently, the court concluded that although causing death itself is a grave offense, the manner in which the murder was committed did not shock the collective conscience of society to the extent required for it to be classified as a "rarest of rare cases."

The verdict has left the sentences for other offenses, such as kidnapping (Section 364A), destruction of evidence (Section 201), and criminal intimidation (Section 506 IPC), unchanged.

This case has attracted widespread attention, raising important debates surrounding capital punishment and the potential for reformation within the criminal justice system. The ruling of the Delhi High Court sets a significant precedent in the judicial landscape, balancing the severity of the crime with the possibility of redemption.

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