LAWS(SC)-2019-4-85

ACCUSED X Vs. STATE OF MAHARASHTRA

Decided On April 12, 2019
Accused X Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The instant proceedings pertain to the reopening of Review Petition (Crl.) No. 301 of 2008 to review the final Judgment and Order dated 16.05.2008 passed by this Court in Criminal Appeal No. 680 of 2007 dismissing the appeal filed by the Review Petitioner (hereinafter "the Petitioner") and confirming his conviction under Sections 201, 363, 376 and 302 of the Indian Penal Code (in short, "the IPC"). Vide the impugned judgment, this Court upheld the sentence of 2 years' rigorous imprisonment each under Sections 201 and 363, 10 years' rigorous imprisonment under Section 376 and the death sentence under Section 302, IPC imposed upon the Petitioner.

(2.) This petition raises complex questions concerning the relationship between mental illness and crime. How can culpability be assessed for sentencing those with mental illness? Is treatment better suited than punishment? These are some of the questions we need to reflect upon in this case at hand.

(3.) In line with Section 23 (1) of the Mental Healthcare Act, 2017, (Act 10 of 2017) and the right to privacy of the accused herein, while taking further action on this judgment, we direct the Registry to not disclose the actual name of the accused and other pertinent information which could lead to his identification as it concerns confidential information. In this context we shall address the accused herein as 'accused x'.