The murder committed can be termed as cruelty, but not extreme cruelty, said the 141-page judgment passed in the Pallavi Purkayastha murder case on Monday. The court also held that no aggravating fact had been found against the convict, Sajjad Pathan, 24, on grounds of which it does not come under the 'rarest of rare' category.
The court, presided over by judge Vrushali Joshi, maintained that the case was tilted more towards mitigating circumstances, which means that the circumstance does not forgive an accused for his act, but only reduces the penalty.
"It was after he saw Pallavi in scanty clothes that he was sexually excited and it was at that time that he thought to ravish her. It cannot be said that he had pre-planned it," read the judgment order copy.
The court also held that the second factor of betrayal of faith and confidence was not proved. "Only because a security guard has committed this act, (it will not affect) the public at large and will not have faith on the security guard. It cannot be called an aggravating circumstance," the order copy said.