(80)
S.C.No.463/2009 (Judgment)
the offences under Sections 302 & 376 and other offence under IPC are proved
against accused Jawed. But it cannot be ignored that accused Jawed is of 22 years of
age and there are every chances of improvement in him. Therefore, even though I am
of the opinion that both the offences under Sections 376 & 302 of IPC are proved
against accused Jawed, still looking towards the improvement in accused Jawed and
looking towards his age and at the same time looking towards his first offence of
such a nature, I am of the opinion that this cannot be termed as the rarest of the rare
case so as to impose capital punishment. In the light of these facts and looking
towards the possibility of improvement in accused Jawed, I am of the opinion that
the ratios in aforesaid cases on which APP Shri Mugadiya has placed his reliance
cannot be strictly applicable to the facts of this case. Hence I am of the opinion that
for an offence punishable under Section 302 of IPC, instead of imposing capital
punishment, imposition of imprisonment for life would be the sufficient punishment
which can be imposed to accused Jawed.
135/
So far as accused Nos.2 & 3 are concerned, certainly this seems to be
their first offence which has been proved against them. Hence I am of the opinion
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents