JUDGMENT

KURIAN, J.:

1. All murders shock the community; but certain murders shock the conscience of the Court and the community. The distinguishing aspect of the latter category is that there is shock coupled with extreme revulsion. What should be the penological approach in that category is one question arising for consideration in this case. What is the scope of consideration of Death Reference by the High Court under Chapter XXVIII of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.PC’), is the other question. Whether there is any restriction on the exercise of power under Section 432 Cr.PC for remission and Section 433 Cr.PC for commutation in cases of minimum sentence is the third main issue.

2. On 23.12.2002, Pooja, a tiny girl below five years of age was brutally raped and thereafter murdered by the respondent. He packed the dead body in a sack and further in a bag and secretly left it in a train. By Judgment dated 15.04.2004, the Sessions Court, having regard to the overwhelming evidence, convicted the respondent under Section 302 of the Indian Penal Code (45 of 1860) (hereinafter referred to as ‘IPC’) and sentenced him to death. He was also found guilty