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Both sentences have been given ignoring the mitigating circumstances. The accused is suffering from polio of left leg. It is also that he has not committed any such offence in the past. It is not a case where a minor girl was killed brutally. All these aspects have been ignored by the trial Court and otherwise, the case is not falling in the category of rarest of rare case so as to give death sentence. The Court was expected to consider mitigating circumstances while giving punishment to the accused.

It is, however, a fact that the accused is a disabled person suffering from Polio. The deceased had received seventeen injuries but all injuries were found to be simple in nature other than head injury. It cannot be said to be a case of extreme brutality at the instance of the accused so as to give him severest punishment of death penalty. According to us, the case does not fall in the category of rarest of rare cases. It is also a fact that before the occurrence, PW - 1 Rajesh, father of victim girl, consumed liquor with the accused. The aforesaid is proved by PW