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Head Note

Indian Penal Code,1860  - Section 376 , Section 377 , Section 302

Death sentence - Rape and murder of 3 yearS old girl - Death awarded by courts below converted to life imprisonment on following grounds - (i) Accused was young aged 28 years. (ii) No evidence to show that he had committed the offences on any earlier occasion - There is nothing on evidence to suggest that he is likely to repeat similar crimes in future and given a chance he may reform reform over years. (iii) Life sentence of accused will extend to his full life subject to any remission or commutation at the instance of the Government for good and sufficient reasons.

The Indian Evidence Act, 1872  - Section 9

Test Identification Prade - Murder case - Arrest of accused - No test identification prade held - In this case accused was already known to witness - Test identification prade was not necessary.

Topic(s)-Test Identification Prade

Important Decision(s)- No test identification prade held - In this case accused was already known to witness - Test identification prade was not necessary.