was shouting that the accused person(s) had committed rape on her and set her on fire. The statement of the deceased recorded under Section 164 of the Code of Criminal Procedure, 1973 (for short, Cr.P.C.) by Smt. Suchita Srivastava, Judicial Magistrate First Class, Sagar (PW-23) also supports the prosecution case. The Dehat Nalishi (Ex. P/28) recorded by Sub Inspector, Anjana Parmaar (PW-16) also narrates the same factual position. 9. In that view of the matter, we do not find that there is any error in the concurrent orders of the Trial Judge and the High Court convicting the appellant for the offences punishable under Sections 450, 376(2)(i), 376D, 376A and 302 read with 34 of the IPC and Section 5(g)/6 of the POCSO. 10. The question that now requires to be considered is as to whether the present case would fall in the category of ‘rarest of rare case’ so as to confirm the death penalty or the sentence could be commuted. 11. We have perused the psychological assessment of the present appellant as conducted by the Department of Psychiatry, NSCB Medical College, Jabalpur, Madhya Pradesh so also the report of the Senior Probation and 6

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