In Brief
A 25-year-old man was convicted of brutally raping and murdering his 8-year-old cousin. The case rested on circumstantial evidence including: the victim being last seen with the accused; post-mortem showing asphyxia from throttling and severe vaginal injuries; presence of blood and semen on the accused's clothes and the victim; recovery of the body at the accused's instance; and his failure to explain incriminating injuries. Though the trial court imposed death penalty, the Supreme Court found DNA evidence absence did not vitiate conviction given the complete circumstantial chain. However, applying mandatory sentencing principles (crime test, criminal test, and rarest-of-rare test), the Court held the case did not qualify for capital punishment due to the accused's lack of prior criminal history, poor background, and reform potential. The death sentence was commuted to life imprisonment without remission for 30 years.
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