The Supreme Court of India has allowed a fresh hearing on the death sentence of Vasanta Sampat Dupare, convicted for the brutal rape and murder of a four-year-old girl in Nagpur in 2008. The Court observed that the sentencing stage must comply with the new framework laid down in Manoj v. State of Madhya Pradesh (2023), which mandates a detailed assessment of mitigating factors before awarding capital punishment.
Case Background
In April 2008, Dupare allegedly lured the victim, sexually assaulted, and murdered her. He was arrested the next day, and in 2010, the Sessions Court awarded him the death penalty. The Bombay High Court confirmed the conviction in 2012, and in 2014, the Supreme Court upheld the death sentence. His review petition was dismissed in 2017. Mercy petitions before both the Governor of Maharashtra and the President of India were also rejected.
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Dupare’s legal team argued that his sentencing was conducted without the benefit of the Manoj guidelines, which require courts to consider psychiatric reports, socio-economic background, jail conduct, and family history before imposing the death penalty. They also highlighted his medical condition, including major depressive disorder, psychosis, and specific learning disability, claiming these factors were ignored earlier.
The defense stressed that under Articles 14 and 21 of the Constitution, every individual deserves a fair, individualized, and constitutionally compliant sentencing process.
“The majesty of our Constitution lies not in the might of the State but in its restraint. A Constitution that proclaims liberty and dignity cannot permit the State to end a human life unless every safeguard of fairness has been honoured,” the Court observed.
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The Union of India and the Maharashtra Government opposed the petition, stating that all judicial remedies had been exhausted, and the mercy petitions were already rejected. They argued that the Manoj guidelines are prospective and cannot reopen cases that attained finality years ago. They also maintained that Dupare posed a continuing threat to society and showed no remorse.
After examining submissions, the Supreme Court held that Article 32 of the Constitution empowers it to revisit death sentences if the sentencing stage did not follow constitutionally mandated safeguards. The Court emphasized that the Manoj framework is now an essential safeguard under Articles 14 and 21, and its absence could invalidate a death sentence.
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The Bench clarified that Dupare’s conviction remains untouched, but his death sentence has been set aside for now. The matter is remitted for a fresh sentencing hearing in line with Manoj.
Case Title: Vasanta Sampat Dupare vs. Union of India & Ors.
Case No.: Writ Petition (Criminal) No. 371 of 2023
Judgment Date: 2025 INSC 1043
Petitioner’s Counsel: Senior Advocate Gopal Sankarnarayanan
Respondent’s Counsel:
- Additional Solicitor General K.M. Nataraj for Union of India
- Advocate General Dr. Birendra Saraf for the State of Maharashtra
