Ajay Pandit v. State of Maharashtra

Issues

• Is an enhancement to the death penalty valid without a proper Section 235(2) hearing?

Rules

• Breaching Section 235(2) CrPC can vitiate the sentence.
• The hearing covers materials and evidence on sentence, not just oral submissions.
• The judge must make a genuine effort to gather sentencing information; a token question is not enough.

Arguments

Judgment

The Supreme Court held that the High Court failed to conduct a meaningful hearing under Section 235(2) CrPC. It only noted what the accused said and did not invite or assess proper materials on sentence from both sides. The death sentence was set aside, and the case was remanded for a fresh hearing on sentencing.

Ratio Decidendi

Section 235(2) CrPC is a substantive safeguard. Courts must actively enable parties to present facts, documents, and evidence on sentence. A mere formality violates due process, especially where death penalty is considered.

Why It Matters

• Reinforces fairness in sentencing, not just conviction.
• Raises the bar for courts before using the “rarest of rare” doctrine.
• Protects the right to present mitigating factors in capital cases.

Key Takeaways

1. Section 235(2) requires a real, structured hearing on sentence.
2. Judges must seek out and consider mitigation, not wait passively.
3. Procedural lapses can vitiate an enhanced sentence, including death.

Mnemonic + 3-Step Hook

Mnemonic: “HEAR–SHOW–WEIGH”

• HEAR both sides on sentence.
• SHOW materials and evidence (mitigation/aggravation).
• WEIGH reasons carefully before fixing punishment.

IRAC Outline

Issue: Can death be imposed without a full Section 235(2) hearing?

Rule: Section 235(2) mandates a meaningful hearing, including materials and evidence on sentence.

Application: High Court treated the hearing mechanically; did not draw out mitigation or evidence.

Conclusion: Enhancement invalid; sentence remanded for fresh hearing.

Glossary

Section 235(2) CrPC

Provision that requires a hearing on sentence after conviction.

Mitigating Factors

Facts that may reduce the severity of the sentence.

Rarest of Rare

Judicial doctrine used for awarding the death penalty in exceptional cases.

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