In Brief
A 50-year-old appellant was convicted of raping and murdering an 8-year-old girl who attended a fair in Bhopal. The trial court imposed the death sentence, which the High Court confirmed. The Supreme Court upheld the conviction based on eyewitness testimony establishing the 'last seen' theory and medical/forensic evidence. However, it modified the death sentence to life imprisonment with 25 years without remission. The Court held that while the crime was heinous, the trial court failed to record the special reasons mandated by Section 354(3) of the Cr.PC and did not adequately consider mitigating circumstances including the appellant's age and potential for reformation. The Court noted life imprisonment is the rule and death is the exception in murder cases.
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