Penal Code, 1860–Secs. 376(AB), 376(2)(i), (j), (m) & 376(A)–Protection of Children from Sexual Offences Act, 2012–Sec. 5(m)/6–Punishment of death penalty–Accused was not given the opportunity to put the mitigating circumstances before the Court–He was sentenced on the same day of recording the conviction–Accused was aged 21 years–No criminal antecedents–He left the girl near the shops so that she could get proper medical treatment–The State has not shown anything to prove the likelihood that the appellant would commit acts of violence, or is a continuing threat to society–Death sentence modified up to the sentence of 30 years rigorous imprisonment.


