61
Cri.Appeals 516, 281 n 468 of 2012.odt
rt
committed lurking house trespass with an intention to commit theft
C
ou
and then committed rape on the victim and done her to death.
77.
This takes us to the crucial task of determining the
quantum of sentence. Learned counsel for Accused Jawedkhan
@ Tingarya s/o Habibkhan is heard on the point of quantum of
ig
h
sentence. Learned counsel submits that Accused Jawedkhan is
25 year old young boy. Considering his age it is submitted on
behalf of Appellant Jawedkhan that it is not a rarest of rare case
ba
y
Accused.
H
and Trial Court was right in not awarding capital punishment to the
78.
In response to the submissions made on behalf of
Appellant Jawedkhan, learned APP Mr. Sonpawale strenuously
om
submitted that considering the nature of offence, manner in which
it was committed and its impact on the society at large it is a
B
rarest of rare case in which capital punishment needs to be
awarded and life imprisonment would be an inadequate sentence.
On the point of death sentence learned APP relied upon the
following authorities:
a)
Bachan Singh V/s. State of Punjab1
1 (1980) 2 Supreme Court Cases 684
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