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The Supreme Court has affirmed majority view in the ruling, Union of India Vs. V. Sriharan @ Murugan & Ors., 2015 Latest Caselaw 783 SC in respect to life imprisonment without any remission till the last breath in substitution of death sentence and held that same can be imposed.
The bench comprising of Justice Sanjay Kishan Kaul and Justice MM Sundresh rejected the arguement that minority view should be considered and given weight to.
The Court remarked once the majority opines in a particular matter, that is the judgment of the Constitution Bench which in the particular case says that there can be imposition of life imprisonment without any remission till the last breath as a substitution of death sentence.
"We are not persuaded on the issue that the minority view in a judgment of this Court in Union of India vs. V. Sriharan - (2016) 7 SCC 1 should be looked into as two of the Judges opined one way in the Constitution Bench."
Dealing with the other contention raised that the petitioner was a juvenile at that stage of time, the Court noted that reference to the impugned judgment says 1 that it has been found that the accused Ravindra was 22 years of age at the time of the judgment. When asked what is the basis for the plea that he was 17 years of age at the time of incident, learned counsel submits that the same is recorded in the order passed based on a Section 313, Cr.P.C. statement but possibly no further investigation took place in this behalf as, at that time, the age of juvenility was 16 years.
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