A division bench of Justices AK Jayasankaran Nambiar and Syam Kumar VM observed that the case did not fall under the category of the ‘rarest of rare cases’ warranting death sentence.
However, the Court noted that the accused had brutally killed his two nephews aged 7 and 3 and, therefore deserved harsh punishment.
Accordingly, the Court sentenced the accused to 30 years of rigorous imprisonment without remission.
“We are of the view that the facts in the instant case do not make it appropriate for classification under the head “rarest of rare” warranting imposition of a death sentence on the appellant/accused. That said, we cannot lose sight of the heinous crime that was committed by the appellant/accused against two innocent children aged 7 and 3. The brutal manner in which the crime was committed on the children, who were the children of his own brother and in relation to whom he occupied a position of trust, certainly warrants a harsh punishment,” the Court stated.
Source: Barandbench
