Topic

rarest of rare

3 articlesLatest April 2026
POCSO Act & Rarest of Rare Doctrine | Death Penalty Disproportionate for Child Rape-Murder Absent Extreme Brutality: Karnataka HC
Case Law Analysis
|Karnataka High Court

POCSO Act & Rarest of Rare Doctrine | Death Penalty Disproportionate for Child Rape-Murder Absent Extreme Brutality: Karnataka HC

Karnataka HC overturns death sentence in a POCSO case, ruling that life imprisonment without remission suffices unless extreme brutality or exceptional depravity is proven. The court merged overlapping POCSO convictions and enhanced victim compensation to ₹5 lakh, reinforcing sentencing proportionality under the 'rarest of rare' doctrine.

Death Penalty Commuted | Section 65B Certification Defect & Forensic Gaps Veto 'Rarest of Rare' in POCSO Case : Calcutta HC
Case Law Analysis
|Calcutta High Court

Death Penalty Commuted | Section 65B Certification Defect & Forensic Gaps Veto 'Rarest of Rare' in POCSO Case : Calcutta HC

The Calcutta High Court commuted death sentences to life imprisonment in a POCSO murder case, ruling that the absence of Section 65B certification for digital evidence and inconclusive forensic findings fatally undermined the 'rarest of rare' threshold. This sets a critical precedent: even in heinous child sexual offenses, procedural and evidentiary lapses in electronic and scientific proof can override aggravating circumstances in capital sentencing.

Section 354(3) CrPC | Death Penalty Unconstitutional Without Recording Special Reasons & Mitigating Factors : Calcutta HC
Case Law Analysis
|Calcutta High Court

Section 354(3) CrPC | Death Penalty Unconstitutional Without Recording Special Reasons & Mitigating Factors : Calcutta HC

Calcutta High Court overturned a death sentence, ruling that failure to record 'special reasons' under Section 354(3) CrPC and disregard for mitigating factors render the sentence unconstitutional. The judgment underscores that reliance on uncorroborated, politically aligned testimony violates evidentiary standards and due process, setting a precedent for stricter judicial scrutiny in capital punishment cases.