present appeals.
6.
Insofar as the prayer made by the learned Senior
Counsel
for
the
appellant
regarding
commutation
is
concerned, the learned DAG for the respondent-State relies
on the following judgments of this Court in the cases of
Shivu and Another v. Registrar General, High Court of
Karnataka and Another1, Purushottam Dashrath Borate
and Another v. State of Maharashtra2, and Deepak Rai v.
State of Bihar3, in order to contend that merely the age of
the appellant cannot be taken into consideration. He further
submits
that
the
appellant
taking
advantage
of
the
circumstances that the deceased was alone in the house has
committed the heinous crime and therefore the present case
would squarely fit in the category of ‘rarest of the rare’ cases.
He submits that the psychological report would also show
that there is no remorse expressed by the appellant. He
therefore submits that taking into consideration all these
aspects, the death penalty needs to be confirmed.
7.
We have perused the material on record and find that
(2007) 4 SCC 713 : 2007 INSC 136
(2015) 6 SCC 652 : 2015 INSC 392
3
(2013) 10 SCC 421 : 2013 INSC 638
1
2
4
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