imprisonment will just not suffice in the
facts of the case.
60. The rarest of rare dictum serves as a guideline in
enforcing Section 354(3) and entrenches the policy that life
imprisonment is the rule and death punishment is an
exception. It is a settled law of interpretation that exceptions
are to be construed narrowly. That being the case, the rarest
of rare dictum places an extraordinary burden on the court,
in case it selects death punishment as the favoured penalty,
to carry out an objective assessment of facts to satisfy the
exceptions ingrained in the rarest of rare dictum.
61. The background analysis leading to the conclusion that
the case belongs to the rarest of rare category must conform
to highest standards of judicial rigor and thoroughness as
the norm under analysis is an exceptionally narrow
exception. A conclusion as to the rarest of rare aspect with
respect to a matter shall entail identification of aggravating
and mitigating circumstances relating both to the crime and
the criminal. It was in this context noted: (Bachan Singh
case, SCC p. 738, para 161
“161. … The expression ‘special reasons’
in the context of this provision, obviously
means ‘exceptional reasons’ founded on
the exceptionally grave circumstances of
the particular case relating to the crime as
well as the criminal.””
(Emphasis supplied)
12.
In Shankar Kisanrao Khade v. State of Maharashtra5 this
Court looked at the manner in which the aggravating and mitigating
circumstances are to be weighed and how the rarest of rare test is to
be applied while awarding death sentence and held thus:
“52. Aggravating circumstances as pointed out above, of
course, are not exhaustive so also the mitigating
circumstances. In my considered view, the tests that we
5 (2013) 5 SCC 546
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