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Head Note

Indian Penal Code,1860  - Section 302 , Section 376 , Section 511

Murder - Rape - Conviction - Death sentence - Sustainability - It was not case of prosecution that accused should not be reformed - In fact possibility of his reformation should not be ruled out - There was no criminal antecedent of accused - Court had to consider different parameters as laid down in Machhi Singh and Bachan Singh cases and balance mitigating circumstances against need for imposition of capital punishment - Court opined that considering age of accused, possibility of reforming him should not be ruled out and he should not be termed as social menace - Further, case did not fall under 'rarest of rare' category - Hence, Court was unable to uphold death sentence and death sentence of accused was modified to life imprisonment but affirmed rest part of conviction and sentence - Appeal partly allowed.

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