In a rare exercise, the Delhi high court has ordered the behavioural examination of a rapist and murderer on death row, to find out if he is capable of reform or a threat to society.
On Thursday, a bench of justices S Muralidhar and Mukta Gupta upheld the conviction of a 56-year-old man for the gruesome rape and murder of a 3-year-old girl, calling the crime a work of "exceptional depravity".
However, before deciding if Bharat Singh deserves to be hanged, the court said it would inquire into his antecedents, his conduct in jail and take feedback from his family/friends for a comprehensive view.
"Is there a probability that, in future, the accused would commit criminal acts of violence as would constitute a continuing threat to society? Is there a probability that the accused can be reformed and rehabilitated?" the bench said while roping in a probation officer of the Delhi government.
HC asked the officer to inquire from the jail administration and seek a report on the man's conduct in jail." He has also been directed to meet the convict's family and the locals even if that means travelling to his hometown.
"The officer will seek their inputs on the behavioural traits of the accused with a particular reference to the two issues highlighted. He shall consult and seek specific inputs from two professionals with not less than 10 years' experience in clinical psychology and sociology," said the court before deferring its decision on sentencing to July 11.
HC invoked the Supreme Court to explain why it wanted more evidence on Singh's criminal antecedents. "The SC has been emphasizing the need for the trial court, faced with the question on whether to award the death penalty, to be satisfied with the probability the accused would not commit criminal acts of violence and the probability that the accused can be rehabilitated," it noted. Additional public prosecutor Varun Goswami highlighted the depravity of the act.
Source: The Times of India, April 20, 2014
