104 have to be identified and considered equally. For the second test, the court had to consider whether the alternative of life imprisonment was unquestionable foreclosed as the sentencing aim of reformation was unachievable, for which the State must provide material. 193. About four years later, in Sangeet97, this court lamented the continuing lack of attention given to circumstances of the criminal, reiterated that balancing of aggravating-mitigating circumstances and failure to apply the Bachan Singh sentencing framework uniformly, was leading to judge-centric and inconsistent jurisprudence in death penalty matters. 194. In Shankar Kisanrao Khade98 this court developed yet another framework of the ‘crime test’, criminal test’ and ‘rarest of rare test’ (which, was held to be distinct from the ‘balance test’ that was discouraged in Santosh Bariyar and subsequently, in Sangeet as well): “52. …. In my considered view, the tests that we have to apply, while awarding death sentence are “crime test”, “criminal test” and the “R-R test” and not the “balancing test”. To award death sentence, the “crime test” has to be fully satisfied, that is, 100% and “criminal test” 0%, that is, no mitigating circumstance favouring the accused. If there is any circumstance favouring the accused, like lack of intention to commit the crime, possibility of reformation, young age of the accused, not a menace to the society, no previous track record, etc. the “criminal test” may favour the accused to avoid the capital punishment. Even if both the tests are satisfied, that is, the aggravating circumstances to the fullest extent and no mitigating circumstances favouring the accused, still we have to apply finally the rarest of the rare case test (R-R test). R-R test depends upon the perception of the society that is “society-centric” and not “Judge-centric”, that is, whether the society will approve the awarding of death sentence to certain types of crimes or not. While applying that test, the court has to look into variety of factors like society's abhorrence, extreme indignation and antipathy to certain types of crimes like sexual assault and murder of intellectually challenged minor girls, suffering from physical disability, old and infirm women with those disabilities, etc. Examples are only illustrative and not exhaustive. The courts award death sentence since situation demands so, due to constitutional compulsion, reflected by the will of the people and not the will of the Judges.” 195. Recently, while considering a review petition, this court in Rajendra Pralhadrao Wasnik v. State of Maharashtra99 held that Bachan Singh had intended the test to be ‘probability’ and not improbability, possibility or 97 Sangeet & Anr. v. State of Haryana (2013) 2 SCC 452 98 Shankar Kisanrao Khade v. State of Maharashtra (2013) 5 SCC 546 99 (2019) 12 SCC 460