The Supreme Court directed the psychological evaluation of the accused/appellant in the case of a death sentence.
The appeals were admitted and the execution of the death sentence of the petitioner was stayed. The original record has since then been received by the Registry of the Court. In a series of death sentence cases, the Court has been passing certain directions so that psychological evaluation of the concerned convict can be ascertained. Further, access has also been granted to the counsel representing the appellant(s) so that any mitigating circumstances, if any, be brought on record, on behalf of the concerned appellant(s). Since the appellant has been awarded the death sentence, the court viewed that facets of the matter touching upon the character and behaviour of the appellant would be essential in order to have complete assessment in the matter.
The counsel for the appellant/convict has filed an Interim application seeking permission for a mitigation investigator to be allowed access to the appellant.
The three judges bench of Justice Uday Umesh Lalit, Justice S. Ravindra Bhat and Justice Sudhanshu Dhulia viewed that the assessment as regards conduct of the accused, if made before the final submissions are advanced, will go a long way in rendering assistance.
In order to have complete assistance in the matter, the court directed that the respondent–State shall place before it the Report(s) of all the Probation Officer(s) relating to the accused before the next date of hearing. The Report of the Jail Administration about the nature of the work done by the appellant while in jail be placed before it before the next date of hearing.
The court said that the interest of justice also demands that we obtain a psychological evaluation of the appellant. Therefore it directed the Director, MGM Medical College, Indore, to constitute a suitable team for psychological evaluation of the accused/appellant in this case and send a report before the next date of hearing.
The court allowed Ms. Baljeet Kaur, who is associated with Project 39- A of the National Law University, Delhi, to have access to the appellant, who is presently lodged in Central Jail, Indore, to submit an appropriate Report to the Court.
Case title: Karan @ Faitya v/s State of Madhya Pradesh
Citation: Criminal Appeal Nos.572-573/2019