The Calcutta High Court commuted the death sentences of two men convicted of raping and murdering a five-year-old girl to life imprisonment without remission for 60 years. While confirming their guilt, the Court applied the “rarest of rare” doctrine and found mitigating factors like socio-economic background and post-custody conduct. Citing constitutional principles and Article 21, the Court held that life imprisonment is the rule, death the exception. By imposing a fixed non-remittable term, it balanced retribution with human rights, ensuring severe punishment while avoiding capital execution—a “third way” between life and death sentences.
