Even when we find no reason to consider interference in concurrent findings of fact leading to conviction, question still remains about correctness of Death Sentence. Principles of Penology have evolved. This has led to evolution of ‘rarest of rare’.
High Court though has made rather intense comments has, thereafter, proceeded to confirm Death Sentence with a cursory observation, there were no substantial mitigating factors and aggravating circumstances were aplenty. Approach of Trial Court and High Court could only be disapproved; and we do so in no uncertain terms. It would be unsafe to treat this case as falling in ‘rarest of rare’ category.
Death Sentence awarded is commuted into Life Imprisonment for 30 years.
– Hon’ble Justice Dinesh Maheshwari, Pappu v. State of Uttar Pradesh, [Criminal Appeal Nos. 1097-1098 of 2018].