Constitution of India - Article 136- Prayer to strike down section 364A of the Indian Penal code as unconstitution since if prescribes the death sentence for anyone found guilty- discretionary power of the court to award death sentence in rarest of rare cases - where the death sentence is the only possible sentence - no other sentence - canbe award in such situation- such extreme punishment -can be awared in terms of gravity of offences- as such provisions of section 364Aof the indian penal code not ultra vires the constitution of india.
Indian penal code 1860 - 364A - sentence of death and imprisonment for life for the offence of kidnapping or abduction for ransom- descretion of the court to choose and impose any one of two sentences considering the gravity of offence
