Indian Penal Code, 1860—Sections 302, 376(2)(f) and 201— Father committed rape and murdered (next day) her 4 year old daughter—Imposition of death penalty—Held, it is not a rarest of rare case where imposition of death penalty is warranted—However, considering the nature of offence, age and relationship of the victim with the appellant and gravity of injuries caused to her, appellant cannot be awarded a lenient punishment—Thus, in the facts and circumstances of the case, the death sentence awarded is set aside and life imprisonment is awarded—The appellant must serve a minimum of 30 years in jail without remissions, before consideration of his case for pre-mature release.
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