The Supreme Court today said that although the accused has committed a heinous crime , but option of imprisonment of life is not foreclosed . The man is accused of rape and murder of a 5 year old girl .
Court stated that there is a hope of reformation and rehabilitation . Incarceration for life will suffice to stop him from committing further offences and he has no previous record of crime on which we get convinced that he is a serious threat to society . The Court directed the officials that the accused shall not be entitled to premature release , he must complete atleast 30 years of imprisonment .
The prosecution officer said that strong evidences have been recorded and punishment was given on basis of 3 witnesses forming a chain . First accused was seen going to girl’s house , then he was seen with girl and a gunny bag , finally moving towards the stream . The trial court convicted him and sentenced him to death , same was done by Karnataka High Court .
The Apex Court hold that prosecution counsel failed to prove that appellant is continuing threat to society . The pre-meditated mind of accused is also not proved sufficiently . The offender is young boy of 23 years which can be reformed , his commission may be effect of his poor socio-economic background . Thus the appeal is partly allowed .