Holding

The conviction and death sentence were upheld because the circumstantial evidence formed a complete, unerring chain of guilt and the case fell within the "rarest of the rare" category.

Summary

The appellant, Md. Mannan, a mason employed in the victim's grandfather's house, sent a seven‑year‑old girl to a betel shop and subsequently abducted her on his bicycle, raping and murdering her. He later confessed, leading police to the body. He was convicted under IPC sections 366, 376, 302 and 201 and sentenced to death. The Supreme Court examined whether the circumstantial evidence—his employment, the girl’s disappearance after being with him, eyewitness accounts of him taking her on a bicycle, and his confession—formed a complete, unerring chain pointing to his guilt, and whether the crime qualified as "rarest of the rare" for the death penalty. The Court held that the evidence satisfied the stringent test for circumstantial proof and that the brutal, pre‑planned nature of the crime, the appellant’s position of trust, and his menace to society placed the case within the rarest of rare category, thereby upholding the death sentence. The appeal was dismissed.

Issues considered

The adequacy of circumstantial evidence to sustain conviction
Whether the chain of circumstantial facts unerringly points to the appellant's guilt
Whether the offence qualifies as "rarest of the rare" justifying death penalty
Admissibility of the appellant's confession under Section 27 of the Evidence Act

Legislation cited

Code of Criminal Procedure, 1973s. 3.13, s. 313
Indian Evidence Act, 1872s. 27
Indian Penal Code, 1860s. 201, s. 302, s. 366, s. 376

Subjects

circumstantial evidencedeath penaltyrarest of the rarerapemurderkidnappingconfessionSection 27 Evidence Actsentencing guidelines

Judgment

[2011] 5 S.C.R. 518

A MD. MANNAN @ ABDUL MANNAN
V.
STATE OF BIHAR
(Criminal Appeal No. 379 of 2009)
APRIL 20, 2011
B
[HARJIT SINGH BEDI AND CHANDRAMAULI KR.
PRASAD, JJ.)

Penal Code, 1860: ss. 366, 376, 302, 201 - Rape and
C murder of a seven year old girl - Conviction based on
circumstantial evidence -Allegation that the accused was
working as a mason in the house of victim's grandfather -
Accused sent victim to the betel shop to get betel for him -
Few minutes after the victim left, accused proceeded towards
D the betel shop and got the victim seated on his bicycle -
Victim was last seen with the accused - Confession by
accused that he raped the victim and thereafter killed her -
The dead body of the victim found pursuant to the statement
given by the accused - Courts below convicted the accused
E and ordered death sentence - Held: The circumstances
unerringly pointed towards the guilt of the accused and the
chain was so complete that there was no escape from the
conclusion that the crime was committed by the accused and
none else - Conviction upheld - As regards the sentence,
F accused was a matured man aged about 43 years and held
a position of trust and misused the same in a calculated and
preplanned manner - The postmortem report showed various
injuries on the face, nails and body of the child - These
injuries showed the gruesome manner in which she was
G subjected to rape - Victim was an innocent child who did not
provide even an excuse, much less a provocation for murder
- This act no doubt invited extreme indignation of the
community and shocked the collective conscience of the
society - The case in hand fell in the category of the rarest

H 518
MD. MANNAN @ABDUL MANNAN v. STATE OF 519
BIHAR
of the rare cases and the courts below had correctly imposed A
the death sentence - Sentence/Sentencing.

Evidence: Circumstantial evidence - Held: In a case
based on circumstantial evidence, the circumstances from
which an inference of guilt is sought to be drawn are to be
8
cogently and firmly established - The circumstances ·so
proved must unerringly point towards the guilt of the accused
- It should form a chain so complete that there is no escape
from the conclusion that the crime was committed by the
accused and none else - It has to be considered within all C
human probability and not in fanciful manner - Such
evidence should not only be consistent with the guilt of the
accused but inconsistent with his innocence.

Sentence/Sentencing: Broad guidelines for imposition of
death sentence - Discussed. 0 . ; _:'
•' .. ·~-.

The prosecution case was that the victim was 7 years
old girl. The appellant was working as mason in the
house PW-8 who was grandfather of the victim. On the
fateful day, the appellant sent the victim to the betel-shop E
to get betel and after few minutes he proceeded towards
the betel-shop and got the victim seated on the carrier of
his bicycle. PW-5 and other women saw the victim going
with the appellant on his bicycle. The victim did not return
home. The uncle of the victim along with other family
members went in search of the victim and saw the F.
1
appellant. The appellant tried to escape but was caught.
The appellant gave confessional statement that he raped
the victim and then killed her. The statement given by him
led to the recovery of the dead body of the victim.
G.
The trial court held that all the circumstances pointed
towards the guilt of the appellant and convicted him
under sections 366, 376, 302, 201 IPC and passed the
death sentence. The High Court affirmed the conviction
H
520 SUPREME COURT REPORTS [2011] 5 S.C.R.

A and the death sentence. The instant appeal was filed
challenging the order of conviction and sentence.

Dismissing the appeal, the Court

HELD: 1.1. In a case based on circumstantial
B evidence, the circumstances from which an inference of
guilt is sought to be drawn are to be cogently and firmly
established. The circumstances so proved must
unerringly point towards the guilt of the accused. It
should form a chain so complete that there is no escape
c from the conclusion that the crime was committed by the
accused and none else. It has to be considered within all
human probability and not in fanciful manner. Such
evidence should not only be consistent with the guilt of
the accused but inconsistent with his innocence. No hard
D and fast rule can be laid to say that particular
circumstances are conclusive to establish guilt. It is
basically a question of appreciation of evidence which
exercise is to be done in the facts and circumstances of
each case. [Para 11] [528-A-D]

E 1.2. From the evidence of the witnesses it is evident
that the appellant was working as a mason in the house
of the grandfather of the deceased, PW.8 and the
deceased was sent by him to the betel shop to get betel.
Evidence of the prosecution witnesses further proved
F beyond all reasonable doubt that appellant proceeded
towards the betel shop few minutes after the deceased
left and it was the appellant who was last seen with the
deceased going together on a bicycle. There was
overwhelming evidence which proved beyond any
G shadow of doubt that the statement given by the
appellant led to the recovery of the dead body of the
deceased from the field. The circumstances so proved
unerringly pointed towards the guilt of the appellant and
the chain was so complete that there is no escape from
H the conclusion that the crime was committed by the
MD. MANNAN @ ABDUL MANNAN v. STATE OF 521
BIHAR

appellant and none else. Accordingly, the conviction of A
the appellant is upheld. [Paras 15) [530-B-D]

2.1. It is trite that death sentence can be inflicted only
in a case which comes within the category of rarest of
the rare cases but there is no hard and fast rule and the 8
parameter to decide this vexed issue. Nevertheless it is
widely accepted that in deciding this question the
number of persons killed is not decisive. Further crime
being brutal and heinous .itself do not turn the scale
towards the death sentence. When the crime is C
committed in an extremely brutal, grotesque, diabolical,
revolting or dastardly manner so as to arouse intense
and extreme indignation of the community and when
collective conscience of the community is petrified, one
has to lean towards the death sentence. But this is not
the end. If these factors are present the court has t9 see D
as to whether the accused is a menace to the society and
continue to be so, threatening its peaceful and
harmonious co-existence. The court has to further
enquire and believe that the accused condemned cannot
be reformed or rehabilitated and shall continue with the E
criminal acts. In this way a balance-sheet is to be
prepared while considering the imposition of penalty of
death of aggravating and mitigating circumstances and
just balance is to be struck. So long the death sentence
is provided in the statute and when collective conscience F
of the community is petrified, it is expected that the
holders of judicial power do not stammer, de hors their
personal opinion and inflict death penalty. [Para 17) [530-
F-H; 531-A-E] .
G
2.2. The case in hand fell in the category of the rarest
of the rare cases. Appellant was a matured man aged
about 43 years. He held a position of trust and misused
the same in calculated and preplanned manner. He sent
the girl aged about 7 years to buy betel and few minutes
H
522 SUPREME COURT REPORTS [2011] 5 S.C.R.

A thereafter in order to execute his diabolical and grotesque
desire proceeded towards the shop where she was sent.
The girl was aged about 7 years of thin built and 4 feet
of height and such a child was incapable of arousing lust
in normal situation. The appellant had won the trust of the
s child and she did not understand the desire of the
appellant which would be evident from the fact that while
she was being taken away by the appellant no protest
was made and innocent child was made prey of the
appellant's lust. The postmortem report showed various
c injuries on the face, nails and body of the child. These
injuries showed the gruesome manner in which she was
subjected to rape. The victim of crime was an innocent
child who did not provide even an excuse, much less a
provocation for murder. Such cruelty towards a young
child is appalling. The appellant had stooped so low as
0
to unleash his monstrous self on the innocent, helpless
and defenceless child. This act no doubt had invited
extreme indignation of the community and shocked the
collective conscience of the society. Their expectation
E from the authority conferred with the power to adjudicate,
is to inflict the death sentence which is natural and
logical. The appellant is a menace to the society and shall
continue to be so and he can not be reformed. The case
in hand fell in the category of the rarest of the rare cases
and the trial court had correctly inflicted the death
F sentence which had rightly been confirmed by the High
Court. [Para 18] [531 ·E-H; 532-A-D]
..
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal
No. 379 of 2009.
G
From the Judgment & Order dated 19.08.2008 of the High
Court of Patna in CRADB No. 963 of 2007.

Aftab Ali Khan, M.Z. Chaudhary for the Appellal"!t.

H
MD. MANNAN @ ABDUL MANNAN v. STATE OF 523
BIHAR
Gopal Singh for the Respondent. A

The Judgment of the Court was delivered by
"
CHANDRAMAULI KR. PRASAD, J. 1. Appellant was put
on trial for offence under Sections 366, 376, 302 and 201 of
the Indian Penal Code, 1860 (hereinafter referred to as the B
'Penal Code'). The Trial Court by its judgment and order dated
29th of May, 2007 passed in Sessions Trial No.220 of 2004
arising out of the Manigachi P.S. Case No.13 of 2004 held the
appellant guilty of all the charges and sentenced him to undergo
rigorous imprisonment for 10 years for offence under Section C
366 of the Penal Code, life imprisonment under Section 376
of the Penal Code, rigorous imprisonment for 7 years for
offence under Section 201 of the Penal Code and death penalty
for offence under Section 302 of the Penal Code. The trial court
made Reference to the High Court for confirmation of the death D
sentence which led to registration of Death Reference No. 6
of 2007. Appellant aggrieved by his conviction and sentence
also preferred appeal which was registered as Criminal Appeal
(DB) No. 963 of 2007. Both, the reference and appeal were
heard together and by a common judgment dated 19th of E
August, 2008, the Division Bench of the Patna High Court
accepted the reference and dismissed the appeal.

2. This is how the appellant is before us with the leave of
the Court.
F
3. According to the prosecution, the appellant Md. Mannan
was working as mason and engaged for the plaster work at the
residence of informant's uncle PW-8 Devikant Jha. On 28th of
September, 2004, the appellant gave Rs.2/- to the niece of the
informant, namely, Kalyani Kumari aged about 8 years to bring G
betel from a shop at Hanuman Chowk. After some time,
appellant left the work, went to the Hanuman Chowk an.d got
seated Kalyani Kumari on the carrier of his bicycle. PW-5 Maya
.
Devi and other women heard the conversation which the
H
524 SUPREME COURT REPORTS [2011] 5 S.C.R.

A appellant was having with Kalyani Kumari. Appellant, according
to women folk, asked Kalyani Kumari as to where her father
lives to which she replied that he stays at Bombay. A search
was made when Kalyani Kumari did not return home for
sometime and in the course thereof, it surfaced that she was
s seen going on a bicycle with a man. The informant Sharwan
Kumar Jha (PW-10) and his family members set out in search
of the girl and while they were returning from Bahera saw the
appellant going towards Bahera. Appellant tried to escape but
was apprehended and on enquiry he showed ignorance about
c the girl. Appellant was brought to the residence of the informant
where PW-5 Maya Devi disclosed that she had seen the
appellant who had taken away Kalyani Kumari on his bicycle.
Thereafter, the appellant was brought to the Police Station and
handed over to the officer-in-charge with a written report, for
D taking suitable action, alleging that the appellant had kidnapped
Kalyani Kumari. On the basis of the aforesaid information, a
case was registered and PW-11 Hari Ram, the officer-in-charge
took up the investigation.

4. During the course of investigation, the appellant gave a
E confessional statement in the presence of the witnessess Amar
Kishore Jha (P\tV-2) and Devi Kant Jha (PW-8) and other
villagers. The appellant confessed his guilt and disclosed the
place where he had raped and killed Kalyani Kumari. The
statement given by the appellant led to the recovery of the dead
F body of Kalyani Kumari from a field. She was identified by the
informant and other villagers. The dead body of Kalyani Kumari
had injury on the private parts, her nails were munched and
there were marks of bruises all over the body. The Inquest
Report was prepared and the dead body was sent for post-
G mortem examination which was conducted by PW-4 Dr. Prafulla
Kumar Das, a Tutor in the department of Forensic Medicine
and Toxicology at Darbhanga Medical College and Hospital.
Police, after usual investigation, submitted charge-sheet
against the appellant for kidnapping, raping and killing a minor
H girl and causing disappearance of evidence of offence.
MD. MANNAN @ ABDUL MANNAN v. STATE OF 525
BIHAR [CHANDRAMAULI KR. PRASAD, J.]
Appellant was ultimately committed to the Court of Sessions A
to face the trial, where charges under Sections 366, 376; 302
and 201 of the IPC were framed against him. Appellant denied
to have committed any offence and claimed to be tried.

5. The prosecution in order to bring home the charge has
8
examined altogether 11 witnesses besides a large number of
documentary evidence, including the First Information Report,
the Post-mortem Report and the Inquest Report, were exhibited.
The plea of the appellant in the statement under Section 3.13
of the Code of Criminal Procedure is denial simplicitor and false C
implication. However, no defence witness has been examined.

6. There is no eye-witness to the occurrence and the
prosecution sought to bring home the charge on the basis of
the circumstantial evidence.
D
Those are:

(i) Appellant was working as Mason in the House of
Devi Kant Jha (PW-8);

(ii) Appellant sent the deceased to the betel-shop to E
get betel;

(iii) Appellant proceeded towards the betel-shop few
minutes after the deceased left;

(iv) Appellant was last seen with the deceased going F
together on a bicycle and ·

(v) Appellant's confession leading to the recovery of
dead body from a field.

7. All these circumstances led the trial Court to hold that G
the chain is complete which points towards the guilt of the
appellant and accordingly convicted him as above. In the
opinion of the trial court, the case fell in category of the rarest
of the rare cases and accordingly it inflicted the death penalty.
H
526 SUPREME COURT REPORTS [2011] 5 S.C.R.

A The High Court concurred with the finding of the trial court and
affirmed the conviction and while doing so, it observed as
follows:

" ..... as per disclosure made by the appellant and on his
disclosure the dead body was recovered from a lonely
B
place surrounded and concealed by standing crops of
wheat and rahar. Hence the part of the confession made
by appellant which is disclosure regarding the place where
the dead body could be found, is clearly admissible as
evidence under Section 27 of the Indian Evidence Act.
c Since the rape and murder on the victim girl has been
proved by medical evidence and since such offences were
committed against the victim soon after her kidnapping by
the appellant, a presumption arises against the appellant
that he committed rape and murder of the victim and tried
D to conceal the evidence of such offence by hiding the body
at a lonely place concealed by standing crops. No doubt
such presumption can be rebutted if reasonable
explanation could be given by the appellant. But in this
case no such explanation has been brought on record.
E There is neither any defence witness nor any reasonable
suggestion to the witnesses nor any explanation by the
appellant under Section 313 of the Code of Criminal
Procedure. Hence, the presumption remains un-rebutted.
The evidence on record and the entire facts and
F circumstances coupled with disclosure made by the
appellant which is admissible under Section 27 of the
Indian Evidence Act prove beyond any doubt that after
kidnapping the victim, the appellant committed the offence
of rape followed by murder upon the deceased and also
G committed offence of destroying evidence by concealing
the dead body."

8. While accepting the reference and upholding the death
sentence, High Court observed as follows :

H
MD. MANNAN @ ABDUL MANNAN v. STATE OF 527
BIHAR [CHANDRAMAULI KR. PRASAD, J.]
"I have considered the entire facts and the aforesaid A
submissions for deciding whether the death penalty
awarded to the appellant should be confirmed or not. In
this regard, it is noticed that appellant is a matured man
aged about 42-43 years. He has committed the heinous
and barbarous crime of rape and murder of a girl aged B
about 7 years who was thin built and of 4' height. Such a
child was incapable of arousing lust in normal situation.
She was kidnapped in a planned manner because she
was innocent and could not understand the design of the
appellant. She became helpless victim of a diabolic c
middle aged man whom the child could trust as an elder
person. The medical evidence shows the' cruel manner of
causing injuries on the face, nails and body of the child at
the time of committing rape which was followed by murder.
This was all pre-planned as is apparent from the manner D
of kidnapping and selection of a lonely place where crime
was committed and body concealed. Crime of this nature
againsfthe child girl is definitely a crime against the
society. The facts of the case, the offences taken together
along with the age of the victim and 'the age of the
appellant clearly bring the case in the category of "rarest' E
of the rare cases" in which interest of justice requires
award of maximum penalty."

9. The deceased had met homicidal death and was
subjected to rape have not been questioned before us. F
. .
· However, learned Counsel for the appellant has contended that'
;

the circumstances brought on record do not lead to one and '
the only conclusion towards the guilt of the appellant and !
therefore the appellant deserves to be given the benefit of doubt.
G
10. Mr. Gopal Singh, learned Counsel representing the~
State, however, supports the judgment of·conviction and 1
sentence.

11. We have bestowed our consideration to the rival
i-r
528 SUPREME COURT REPORTS [2011] 5 S.C.R.

A submissions. In our opinion to bring home the guilt on the basis
of the circumstantial evidence the prosecution has to establish
that the circumstances proved lead to one and the only
conclusion towards the guilt of the accused. In a case based
on circumstantial evidence the circumstances from which an
s inference of guilt is sought to be drawn are to be cogently and
firmly established. The circumstances so proved must
unerringly point towards the guilt of the accused. It should form
a chain so complete that there is no escape from the conclusion
that the crime was committed by the accused and none else. It
c has to be considered within all human probability and not in
fanciful manner. In order to sustain conviction circumstantial
evidence must be complete and must point towards the guilt
of the accused. Such evidence should not only be consistent
with the guilt of the accused but inconsistent with his innocence.
No hard and fast rule can be laid to say that particular
0
circumstances are conclusive to establish guilt. It is basically a
question of appreciation of evidence which exercise is to be
done in the facts and circumstances of each case.

12. Bearing in mind the principles aforesaid, we now
E proceed to consider the circumstantial evidence available on
the record. PW-1 Rajkumar Jha claimed to be Mukhia of the
Gram Panchayat having shop at Hanuman Chowk and has
stated in his evidence that appellant was doing work of a
mason in the house of Devi Kant Jha (PW-8) who was grand-
F father of deceased Kalyani. He has claimed to have seen the
appellant coming to Hanuman chowk and getting seated
Kalyani on his bicycle and taking her towards village lgharata.
Thereafter Kalyani never returned nor the appellant came back
till evening when the search started. He has further stated that
G appellant led the witnesses to the wheat field and showed the
dead body of deceased Kalyani. There was only a panty on the
person of the dead body and no other clothes.

13. PW.2, Amar Kishore Jha, owned a shop at HanumaTi
Chauk and has stated in his evidence that he had seen the
H
MD. MANNAN @ ABDUL MANNAN v. STATE OF 529
BIHAR [CHANDRAMAULI KR. PRASAD, J.]

appellant getting Kalyani seated on his bicycle at the Chauk. A
He has further stated that Kalyani did not return till evening and
then he along with PW.1, Raj Kumar Jha had gone to search
her. He is further a witness to the statement given by the
appellant which led to the recovery of the dead body of Kalyani
with marks of bruises at different places of her body. According B
to this witness her nails were munched.

14. PW.3, Phul Jha, is the owner of the betel shop from
where Kalyani had bought the betel. According to his evidence
Kalyani purchased betel from his shop and when he was C
returning 50 paise she asked for the toffee for the said amount.
According to his evidence when Kalyani got down from the
shop, appellant came on a bicycle, took betel from her, got her
seated on the carrier of the bicycle and took her towards the
southern direction. He is also a witness to the confession 9f
the appellant leading to the recovery of the dead, body at the D
place pointed by the appellant. PW.5, Maya Devi, is another
witness who had seen the appellant along with the deceased
in his bicycle and even the conversation she had with the
appellant. She has deposed that the appellant asked Kalyani
as to where her father resides to which she replied that her E
father lives in Bombay. PW.6, Radhey Shyam Jha, is another
witness who had seen the appellant and the deceased together
on a bicycle. He is further witness to the disclosure statement
made by the appellant leading to recovery of the dead body of
the Kalyani. PW.8, Debikant Jha, is the grandfather of the F
deceased and is a witness to the recovery of the dead body
of the Kalyani on the basis of the confessional statement of the
appellant. PW.9, Tapeshwar Prasad, is another witness who
owned the shop at Hanuman Chauk and supported the case
of the prosecution. He has stated that after Kalyani purchased G
the betel, the appellant reached there on bicycle, got her seated
on the carrier of the bicycle and went towards the southern
direction. He is also a witness to the recovery of the dead body
of Kalyani on the basis of the statement given by the appellant.
H
530 SUPREME COURT REPORTS [2011] 5 S.C.R.

A PW.10, Sharwan Kumar Jha, is the informant of the case and
also supported the case of the prosecution.

15. From the evidence of the aforesaid witness it is evident
that the appellant was working as a mason in the house of the
grandfather of the deceased, PW.8 Debi Kant Jha and the
8
deceased was sent by him to the betel shop to get betel.
Evidence of the prosecution witnesses further prove beyond all
reasonable doubt that appellant proceeded towards the betel
shop few minutes after the deceased left and it was the
C appellant who was last seen with the deceased going together
on a bicycle. There is overwhelming evidence which proves
beyond any shadow of doubt that the statement given by the
appellant led to the recovery of the dead body of Kalyani from
the field. In our opinion, the circumstances so proved unerringly
point towards the guilt of the appellant and the chain is so
D complete that there is no escape from the conclusion that the
crime was committed by the appellant and none else.
Accordingly we uphold the conviction of the appellant.

16. As observed earlier the trial court as also the High
E court had found the case in hand to be one of the rarest of the
rare cases and accordingly inflicted the death sentence. It is
contended by the learned counsel for the appellant that the case
in hand does not fall within such category and as such the
extreme penalty of death is not called for.
F 17. It is trite that death sentence can be inflicted only in a
case which comes within the category of rarest of the rare cases
but there is no hard and fast rule and the parameter to decide
this vexed issue. This Court had the occasion to consider the
cases -which can be termed as rarest of the rare cases and
G although certain comprehensive guidelines have been laid to
adjLl~ge this issue but no hard and fast formula of universal
application has been laid down in this regard. Crimes are
committed in so different and distinct circumstances that it is
impossible to lay down comprehensive guidelines to decide
H th'i$'issue: Nevertheless it is widely accepted that in deciding
Mo. MANNAN·@ AsouL}rUA'NNAN ~.- srJ..rfl)i:' 53f'
BIHAR [CHANDRAMAULI KR. PRASAD, J.]
. ,,_·Ji··, -, . ""r" r i'",.-t :_:f 1:·· --~-~· ·_. ·I~ _,_-..· ·.· ,:· ri ( ' ~f!f - "'·
this questiorf the n~mber ,of1 pers~ns kille~; is,no' decisive, , A ·
Further crime "
being,l l:irut~I andI -·
r •
heinous itself do hottur.nJhe •
: •
0 - : • I \ t ' • ~ · ~ · .. · l> • - ,

scale towards ~he death seritenc~. yYhen. th~ ~rii:n'f,.1$ com.m!~e9 1 q
in an extremely brutcil. grotesque, ,d1abohcaJ,.,revoltmg 1or ,
• • j ''tj' •.. , •.••. ' ' .·, ·_ - ~ -~).~.~

dastardly manner so· as to arouse.intense and extreme,,1
indignati0,n::of the comm~n,ify' and when collective conscien,9f',' s·'.
ot'the c9mmuriity. is_petrlr~d}>,ne l)a~ ~~ l~~n.tp~arqs},~e d~a,~h~;
sentence. But this 1s not the
~ . ·_
end.
:.
If,. these\.. factors are present.
'• . . • ., ..... -.J ~

the court has to see asi-- to whether ttie accused is a menacefl t<;>."
. • · , t f1 . ' :. . 0.,, lo \. 0 ' • ·•~ l.~··."11

the society ,al)d contmue 1to, be so,}~~ea~en1ri~ 1t~ P,~aceful ~nC.1-t .···
0 0

h~rmonious· co-existence. The cou~ has toJurther enq~.ir~ a11p . , c··
b~lieve th.at ~he, accuse~ ~qnd~~n~d ,c~~n~q:>e}~f8f".1¢~ ·.o,L.;
rehabilitated and •shall continue
- ,
with __the. criminal acts. In this
.,n , .. 1i1 r.\·.··· · J way ..•. ~ -·~

a balan~e-sh.eet is to be _,p,rep,are~ ,,'fhile co~~~i9..erin~ th:,~ 1
i~position ofpen~lty o~ ~~~tr o~ aggr~ya!ingl and mitigc;ti~,~111
circumstances and iust balance 1s to be struck.- ,So,J'?.!"19 the .- 1 0 \;
death sentence is provided in the statute and when collective·
conscience of the community is petrified, it is expecied thatthe
holders of judicial power do not stammer; de hors their personal"~
opinion and inflict death penalty. These are the broad guidelines
with this Court has laid down for imposition of the death penalty.'.' E ~i

18. When we test the present case bearing in mind what
has been observed, we are of the opinion that the case in hand
falls in the category of the rarest of the rare cases. Appellant
is a matured man aged about 43 years. He held a position of
trust and misused the same in calculated and preplanned F
manner. He sent the girl aged about 7 years to buy betel and
few minutes thereafter in order to execute his diabolical and
grotesque desire proceeded towards the shop where she was
sent. The girl was aged about 7 years of thin built and 4 feet of
height and such a child was incapable of arousing lust in normal G
situation. Appellant had won the trust of the child and she did
not understand the desire of the appellant which would be
evident from the fact that while she was being taken away by
the appellant no protest was made and innocent child was
made prey of the appellant's lust. The postmortem report shows H
532 SUPREME COURT REPORTS [2011] 5 S.C.R.

A various injuries on the face, nails and body of the child. These
injuries show the gruesome manner in which she was subjected
to rape. The victim of crime is an innocent child who did not
provide even an excuse, much less a provocation for murder.
Such cruelty towards a young child is appalling. The appellant
e had stooped so low as to unleash his monstrous self on the
innocent, helpless and defenceless child. This act no doubt had
invited extreme indignation of the community and shocked the
collective conscience of the society. Their expectation from the
authority conferred with the power to adjudicate, is to inflict the
c death sentence which is natural and logical. We are of the
opinion that appellant is a menace to the society and shall
continue to be so and he can not be reformed. We have no
manner of doubt that the case in hand falls in the category of
the rarest of the rare cases and the trial court had correctly
inflicted the death sentence which had rightly been confirmed
0
by the High Court.

19. In the result, we do not find any merit in this appeal and
same is dismissed accordingly.

E D.G. Appeal dismissed .

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