Law summarized regarding death sentence, whether to be confirmed/imposed, or, not, upon application of “crime test”, “criminal test” and “rarest of the rare test”.  As regards the statutory requirements, as per sub section (2) of the section 235 CrPC, on being convicted and not being released on probation or after admonition in terms of section 360 CrPC, the accused has to be heard by the judge concerned on the question of sentence and then, sentence has to be passed according to law. Moreover, (section 354 (3) CrPC) if offence is punishable with death or life imprisonment, judgment has to state “special reasons”. (para 64). Trial court scrupulously carried out its duty and the death sentence was awarded by it only after duly hearing the accused. “crime test”, held, against the appellant by considering brutal rape and killing of mentally and physically challenged seven-year-old girl. The manner of commission of offences were shocking. Regarding “criminal test” for the factors such as – the crime was committed on stolen motorcycle, he was involved in other criminal cases also prior to these offences, quarrelling with other jail inmates and murder of another jail inmate- prayer for calling of psychological evaluation report of the appellant was denied. Resultantly, the case held falling in the category of the rarerest of rare cases and, thus, death sentence confirmed.

[Manoj Pratap Singh v. State of Rajasthan, (2022) 9 SCC 81]

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