Penal Code, 1860–Secs. 302, 363, 366A, 364, 346, 376D, 376A & 201–Protection of Children from Sexual Offences Act, 2012–Secs. 5(g)(m) r/w. 6–Conviction–Death sentence–Courts below took the gravity of offence into consideration but the mitigating circumstances and the probability of reformation and rehabilitation of accused were not considered–Appellant was aged 25 years on the date of commission of offence–He belongs to ST community eking his livelihood by doing manual labour–Prosecution did not place any evidence to show that there is no probability of his rehabilitation and reformation–No criminal antecedents before the commission of the crime–No adverse report in jail–Held, he is sentenced for life imprisonment of 30 years without remission.
