Title: State v. Jeevak Nagpal
Decided on: 26th June, 2023
+ CRL.A. 166/2021
CORAM: HON’BLE MS. JUSTICE MUKTA GUPTA, HON’BLE MR. JUSTICE ANISH DAYAL
Introduction
The Delhi High Court mitigated a man’s death sentence for kidnapping and killing a 12-year-old girl in 2009. A division bench of Justice Mukta Gupta and Justice Anish Dayal reduced Jeevak Nagpal’s sentence to 20 years in jail without the possibility of parole.
Facts of the Case
Nagpal was sentenced to death by a trial court january 2020. He was 21 at the time of the crime and 32 at the time of his conviction. “The appellant’s sentence is thus modified to rigorous imprisonment for life with no remission until the age of 20 years and to pay a fine of one lakh, failing which, to undergo simple imprisonment for six months for an offence punishable under Section 302 IPC.”
“The learned Trial Court’s sentences for offenses punishable under Sections 364A, 201, and 506 IPC are not modified and will remain the same,” the court stated. Nagpal was the young victim’s neighbor. Nagpal abducted the youngster in March 2009 and sought a ransom from the parent, according to the complaint. Nagpal was found guilty of killing the youngster by injuring him with his car’s jack handle and suffocating him. He then dumped the victim’s body down a drain.
Courts analysis and decision
The trial court noted that the deed was “cruel and gruesome” and did not deserve mercy when it sentenced him to death. The panel denied Nagpal’s request for confirmation of his death sentence and dismissed his appeal, affirming his conviction for actions punishable under Sections 302, 364A, 201, and 506 of the IPC by amending the sentencing order.
“The appellant was a Chartered Accountant Course student.” The appellant and his family members have no prior criminal background. No such condition or historical history was discovered during the appellant’s psychiatric evaluation. The appellant’s jail conduct is good, according to the Nominal Roll, except for one jail sentence dated July 15, 2020. The appellant is a Sahayak in the legal office of the prison. As a result, the prospect of a life sentence cannot be ruled out. It added that the even though the offence of kidnapping of the minor for ransom was committed in a preplanned manner, it could not be held that the murder was committed in a pre-planned manner.
Judgment- click here to read the judgment2
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Written by- Anushka Satwani
