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Supreme Court: Death Penalty Can Be Revisited Under Article 32

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The Supreme Court of India has ruled that a death row convict can challenge their sentence through a writ petition under Article 32 of the Constitution , granting an additional layer of judicial review even after a review petition and mercy pleas have been exhausted. This landmark decision came in response to a plea filed by Vasant Sampat Dupare , convicted for the rape and murder of a four-year-old in 2008. While the Court upheld his conviction, it allowed a re-examination of his death sentence, citing the necessity to consider mitigating factors such as psychological and psychiatric evaluations before imposing capital punishment. The Case of Vasant Sampat Dupare Dupare’s crime, described by the Court as “depraved and calamitous,” involved battering a minor with stones after committing sexual assault. He was sentenced to death, and his conviction was affirmed by the Supreme Court in 2014. A review petition filed by Dupare was dismissed in 2017, followed by the rejection of his m...