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Head Note

Criminal Laws  - Death sentence

Rarest of rare case - Aggravating and mitigating circumstances - Case law on the subject discussed.

Indian Penal Code,1860  - Section 302 , Section 376 (2) , Section 364 , Section 404 , Section 120-B

Abduction - Rape - Murder - Rarest of rare case - Death sentence - Held that any case of rape and murder would cause a shock to the society but all such offences may not cause revulsion in society - Certain offences shock the collective conscience of the court and community - Heinous offence of gang-rape of an innocent and helpless young woman by those in whom she had reposed trust, followed by a cold-blooded murder and calculated attempt of coverup is one such instance of a crime which shocks and repulses the collective conscience of the community and the court - This case falls within the category of "rarest of rare", which merits death penalty and none else - Collective conscience of the community is so shocked by this crime that imposing alternate sentence, i.e. a sentence of life imprisonment on the accused persons would not meet the ends of justice - Rather, it would tempt other potential offenders to commit such crime and get away with the lesser/lighter punishment of life imprisonment.

Indian Penal Code,1860  - Section 302 , Section 376 (2) , Section 364 , Section 404 , Section 120-B

Rape - Murder - Rarest of rare case - Age alone cannot be a paramount consideration as a mitigating circumstance - Similarly, family background of the accused also could not be said to be a mitigating circumstance - Plea on behalf of Accused No.1 he was happily married and his wife was pregnant at the relevant time - However, the Accused No.1 did not take into consideration the condition of his wife or his mother while committing the said offence and, as a result, his wife deserted him and his widowed mother is being looked after by his nephew and niece - Plea on behalf of Appellant No. 2 that he has two sisters who are looking after his widowed mother - Lack of criminal antecedents also cannot be considered as mitigating circumstance, particularly taking into consideration, the nature of heinous offence and cold and calculated manner in which it was committed by the accused persons.

Topic(s)-Rape & Murder - Death Sentence upheld