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)

In order to award death sentence the court should ask itself and answer the following question : (i) Was there something uncommon about the crime which renders sentence of imprisonment for life inadequate and calls for a death sentence? (ii) Were the circumstances of the crime such that there is no alternative but to impose death sentence even after according maximum weightage to the mitigating circumstances which speak in favour of the offender?___________1999, Crimes, Dec 314 (S.C)