7
Though, Mr. Pais tried to argue that this DNA report
should
not
infirmities/
convinced
be
acted
upon
as
irregularities
with
the
said
there
therein,
argument.
are
we
The
various
are
DNA
not
report
which is a scientific report nails the appellant and
clinchingly proves the charge against the appellant
beyond
reasonable
doubt.
We
also
find
that
the
learned Sessions Judge as well as the High Court have
examined these aspects in detail and in the light of
the
said
various
evidence
witnesses
as
well
have
as
the
arrived
depositions
at
the
of
aforesaid
finding of fact which is without blemish. Therefore,
insofar as the conviction of the appellant under the
aforesaid
provisions
of
the
IPC
is
concerned,
we
uphold the same.
Coming to the sentence, we find that the trial
court
had given
detailed and
cogent reasons
while
awarding life imprisonment to the appellant and came
to the conclusion that it was not rarest of rare case
which deserved death penalty. The High Court, on the
other hand, has been swayed by the so-called previous
criminal
that
the
record of
appellant
the appellant.
was
involved
It is
in
five
mentioned
offences
relating to housebreaking and two offences of theft.
In the first instance, it may be pointed out that in
none of these cases the appellant had been convicted.
Furthermore, the cases are of trivial nature which
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