The Bombay High Court has reduced the death penalties of two men involved in a 2013 kidnapping‑murder case to 30 years of rigorous imprisonment. Judges ruled the case did not meet the "rarest of rare" threshold required for capital punishment.
Key Takeaways
- Death sentences reduced to 30 years of rigorous imprisonment
- Court held the case was not "rarest of rare"
- Kidnapping for ransom ended in murder, but no death penalty
The Bombay High Court, sitting as a division bench, commuted the death sentences of Chetan Pagare and Aman Jat to 30 years of rigorous imprisonment without remission. This overturns the December 2022 verdict of the Nashik Special Court, which had sentenced the duo to death for the 2013 kidnapping‑murder of a young engineering student.
Case Background
On June 8, 2013, 22‑year‑old engineering student Vipin Bafna left home to attend a dance class in Nashik and never returned. A late‑night call indicated he would stay overnight at a friend’s house, but he failed to appear the next morning. A missing‑person report triggered a police investigation that revealed Pagare and Jat had abducted Vipin, demanding a ₹1 crore ransom. When the demand went unmet, they allegedly killed him and disposed of the body at a remote site.
Judicial Reasoning
Justices Justice Bharati Dangre and Justice Manjusha Deshpande observed that while the crime was heinous, it did not satisfy the "rarest of rare" criterion that justifies capital punishment under Indian law. Both accused were 25 and 22 years old at the time, and the court noted they were not professional killers but opportunistic criminals seeking quick wealth.
Proportionality of Punishment
The bench emphasized that punishment must serve as a deterrent while adhering to a proportionality test. Not every murder warrants the death penalty, even where the law permits it. Consequently, a term of 30 years of rigorous imprisonment was deemed sufficient to reflect the gravity of the offense while respecting the principle of humane sentencing.
Implications for Future Jurisprudence
This ruling reinforces a growing judicial trend to reserve the death penalty for only the most egregious cases. Legal scholars predict that the decision will influence higher courts to scrutinize the "rarest of rare" standard more stringently, potentially narrowing the scope of capital punishment across India.