(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