Indian Penal Code,1860  - Section 302 , Section 377 , Section 201

Conviction - A gruesome murder of a minor boy aged 10 years after subjecting him to carnal intercourse and then strangulating him to death - since the accused was sentenced to death, reference was sent to the High Court for confirmation of death sentence - The murder was committed in an extremely brutal, grotesque, diabolical and dastardly manner and the accused was in a dominating position and the victim was an innocent boy, the only son of his mother. Accused was aged 35 years when the crime was committed that is he was a fully matured person - Section 235(2) read with Section 354(3) of the Cr.P.C., that when culpability assumes the proportions of depravity, the Court has to give special reasons within the meaning of Section 354(3) for imposition of death sentence - Legislative policy is that when special reasons do exist, as in the instant case, the Court has to discharge its constitutional obligations and honour the legislative policy by awarding appropriate sentence, that is the will of the people - Incarceration of a further period of thirty years, without remission, in addition to the sentence already undergone, will be an adequate punishment in the facts and circumstances of the case, rather than death sentence.

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