A Supreme Court Bench led by Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta commuted Reji Kumar’s death sentence. Citing 16–17 years of good conduct, reformative efforts, and mental health concerns, he will now serve life imprisonment.
NEW DELHI: Today, the Supreme Court of India took the unusual step of commuting the death sentence of Reji Kumar, who was convicted in a gruesome Kerala case for raping his 12‑year‑old daughter and murdering his wife along with their three other children aged 10, 9 and 3. The offence occurred over several days in July 2008, shocking the nation with its brutality.
Though both the trial court in 2010 and the Kerala High Court in 2014 had held that the “rarest of rare” test was met, the Supreme Court Bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta found that the death penalty could not be sustained when balanced against the convict’s conduct in jail and his mental health history.
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While the conviction under Sections 302 (murder), 376 (rape) and 201 (causing disappearance of evidence) of the Indian Penal Code was affirmed, the Bench noted that Reji Kumar had displayed exemplary behaviour during his 16–17 years of incarceration.
He had no previous criminal record, maintained a clean jail diary, and was even entrusted with responsibilities by prison authorities. Beyond that, he donated over Rs 83,000 to several benevolent causes, including helping fellow inmates with their bail bonds.
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Psychological reports had also brought to light his troubled upbringing, marked by neglect and family instability, which contributed to his mental health struggles. Against this background, the Court held that continuing with capital punishment would be disproportionate.
Setting aside the earlier sentences and commuting them to life imprisonment, the Supreme Court declared,
“Considering the facts that the convict‑appellant had no prior antecedents; good conduct for the past 16–17 years of incarceration; difficulties in mental health and consistent efforts at being a model prisoner, we find that the imposition of death penalty would be unjustified. He is, therefore, removed from death row,”
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However, the Court was careful to underline that this mercy did not amount to freedom.
it added,
“In view of the facts and circumstances… we are of the view that he does not deserve to be set free and direct that he shall spend the remainder of his days in jail, till his last breath, hoping to do acts of penance to atone for the crimes he has committed and particularly for the fact that he extinguished four bright flames,”
emphasizing that the gravity of the crime still called for the maximum punishment short of death.
Reji Kumar’s appeal was led by Senior Advocates Sonia Mathur and Shreya Rastogi, supported by a team of junior lawyers, while Senior Advocate P.V. Dinesh and a group of advocates represented the State of Kerala.
This landmark judgment on the commutation of the death sentence offers an important perspective on India’s capital punishment jurisprudence, illustrating how factors like long‑term good conduct, mental health, and potential for reform can tip the balance away from the ultimate penalty.
The Supreme Court’s decision stands as a significant reminder that even in cases of extreme brutality, the law must weigh not only the nature of the crime but also the circumstances of the criminal.
The Bench emphasized a reformative approach in criminal justice, noting that over the years, Reji Kumar had shown signs of genuine remorse and efforts to lead a life of repentance within the confines of prison.
The Court gave special attention to the psychological and social background of the convict. Expert reports revealed that he had suffered from emotional trauma in childhood, experienced neglect, and grew up in a disturbed family environment. These factors, though not excusing his actions, were considered relevant in evaluating his capacity for reform and his mental state at the time of the offence.
Case Title: Reji Kumar Alias Reji vs. State of Kerala
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