Penal Code 1860 – Section 376, 377, 302 – Protection of Children from Sexual Offences Act 2012 – Section 5, 6 – Murder – Sexual Assault – Death Penalty – Life Imprisonment – Rarest of Rare Doctrine – Circumstantial Evidence – DNA Evidence – Last Seen Theory.
(2025) 7 SCD 44 : 2025 INSC 861
Supreme Court of India
Hon’ble Mr. Justice Vikram Nath, Hon’ble Mr. Justice Sanjay Karol & Hon’ble Mr. Justice Sandeep Mehta
Criminal Appeal Nos. 331-332 of 2022
The Supreme Court partly allowed the appeals against the conviction and death sentence of the appellant for the rape and murder of a 10-year-old girl, affirming the conviction under Sections 376, 377, 302 IPC, and Section 5/6 POCSO Act, based on robust circumstantial evidence including last seen theory, recovery of the victim’s body from the appellant’s hut, and DNA evidence linking the appellant to the crime.
The Court found the prosecution’s case proven beyond reasonable doubt, supported by consistent witness testimonies and forensic evidence. However, the death penalty was commuted to life imprisonment without remission for the appellant’s natural life, as the Courts below failed to adequately consider aggravating and mitigating circumstances, limiting their reasoning to the brutality of the crime, which alone does not satisfy the “rarest of rare” test for imposing capital punishment.
The Court emphasized the need for a balanced inquiry into mitigating factors and the possibility of reformation, referencing precedents like Gudda v. State of M.P. and Manoj v. State of M.P., to ensure procedural justice in capital sentencing.
