8.
The arguments of the appellant regarding the delay in sending
the FIR to the Court and the faulty manner in which the
questioning under Section 313 of the Code was done, were rejected
by the High Court and the High Court finally agreed with the
Sessions Court that it is one of the rarest of rare cases where the
appellant has exhibited a deviant behaviour and abnormal sexual
urge, thereby forfeiting his right to life. Accordingly, the High Court
confirmed the death penalty. Under these circumstances, the
accused is on appeal before us.
9.
Obviously and admittedly, the prosecution of the appellant is
based on circumstantial evidence and hence we may have to see
whether the chain of circumstances is complete and unbroken. As
held by this Court in Sharad Birdhichand Sarda vs. State of
Maharashtra 1, the Court must keep in mind five golden principles
or the panchsheel, lucidly brought out in para 153 of the decision,
as follows:
“153. ...
(1)
...
...
the circumstances from which the conclusion of
guilt is to be drawn should be fully established.
1 (1984) 4 SCC 116
5
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