punishable under Sections 450, 376(2)(i), 376D, 376A and
302 read with 34 of the Indian Penal Code, 1860 (for short,
‘IPC’) and Section 5(g)/6 of the Protection of Children from
Sexual Offenses Act, 2012 (for short, ‘POCSO’) awarding
death penalty under Sections 376A and 302 IPC and life
imprisonment under Section 376D of the IPC and rigorous
imprisonment for 10 years under Section 450 of the IPC.
3.
Shri Hariharan submits that the present case basically
rests on the three dying declarations and the DNA report. He
submits that the dying declarations are inconsistent. He
further submits that as the time progressed there were
improvements in the dying declaration. He therefore submits
that in the present case the truthfulness of the dying
declarations itself is doubtful and therefore the conviction
could not be based on the said dying declarations. He further
submits that the DNA report also points out towards the
presence of a third person. In such an eventuality, the
learned Senior Counsel submits that the order of conviction
could not be sustained.
4.
Shri Hariharan, in the alternative, submits that the
present case is not a ‘rarest of the rare’ case, which would
2
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