Feb 03, 2025 04:57 PM IST
Delhi court awards life term to man in murder case
New Delhi, A Delhi court has awarded life-term imprisonment to a convict and said death penalty could not be given as it was not a “rarest of the rare” case.
Additional sessions judge Ekta Gauba Mann was hearing arguments on the quantum of sentence against Ashish alias Babloo against whom the Prasad Nagar Police Station registered an FIR under IPC provisions for murder and the Arms Act.
In an order on January 31, the court said, “In the present case, on January 11, 2027, the convict Ashish came at the spot…at a public place and took out his improvised pistol from his pocket, put the said pistol on the head of the victim Paras and fired and murdered the victim.”
It said the aggravating circumstances in the case were that a 25-year-old young man was murdered and the Constitution provided everyone with a right to life and the basic law of nature required the maxim “live and let others live”.
The court considered the convict’s age of 34 years at the time of the incident and said he was the bread winner for his family and took care of his elderly parents and two minor children, while underlining the probability of the convict’s reformation and rehabilitation.
The court referred to a 1980 verdict of the apex court, establishing the “rarest of the rare doctrine” which said, “In a sense, to kill is to be cruel and therefore, all murders are cruel. But, such cruelty may vary in its degree of culpability and it is only when the culpability assumes the proportion of extreme depravity that special reasons can legitimately be set to exist for awarding death sentence.”
The court said after balancing the aggravating and mitigating circumstances, it believed the case was not within the “rarest and the rare” category.
“For the offence punishable under Section 302 IPC, the convict is sentenced to undergo life imprisonment and to pay a fine of ₹one lakh as compensation to the victim’s father,” it held.
He was further awarded a three-year jail term under the Arms Act and his sentences would run concurrently.
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