It is true that accused's act of raping a child of 6 years and murdering her due to gagging her mouth and nosetrix at the time of incident is quite heinous and requires to be condemned but at the same time it cannot be said that it is rarest of the rare case where accused requires to be eliminated from the society. Hence, there is no justifiable reason to impose death sentence.________2002 (1) Cri.80 (SC)