Bombay High Court has deferred till next week order on the sentence of two persons convicted of kidnapping,raping and murdering a BPO employee in Pune in 2007.
Purushottam Borate and Pradeep Kokade were awarded death in March by the sessions court in Pune.
A division bench of justices V M Kanade and P D Kode upheld the conviction on Wednesday,but said they would like to hear both the prosecution and the defence on the sentence.
The question of awarding death is very serious. We need to hear prosecution and defence again on mitigating circumstances, Justice Kanade said.
Borate and Kokade were convicted under IPC sections 120-B (criminal conspiracy),364 (kidnapping),376 (rape) and 302 (murder).
The court needs to be sure whether the case falls in the bracket of rarest of rare and deserves the harsh punishment of death. Just on the ground of brutality a case cannot be said to be rarest of rare, Justice Kode said.
While recording observations on the conviction,HC said on Thursday the prosecution had established beyond doubt the guilt of the two.
The accused abducted the victim using deceitful means and took her to a secluded spot and committed pre-planned act of rape and murder.