believe that the same do not create a reasonable doubt in the mind of this Court. The five-fold test prescribed by Fazal Ali J. in Sharad Birdhichand Sarda v. State of Maharashtra3 are satisfied as the circumstances relied upon are fully established; they are conclusive in nature and tendency; the chain of evidence is so complete as not to leave any reasonable ground for conclusion consistent with the innocence of the appellant; the facts established are consistent only with the hypothesis of the guilt of the accused and exclude every hypothesis except the one proved. The decision of the High Court as well as the District and Sessions Court convicting the appellant for rape and murder of R etc., thus, is upheld. 22. Having established the culpability of the accused, we shall proceed to examine the issue of sentencing. As noted previously, the appellant has been sentenced to death for the offence under Section 302, which sentence has been confirmed by the High Court, along with prison sentences as set out in paragraph 1 of this judgment. 23. The impugned judgment reveals extensive study of case-law on part of the High Court in considering the death sentence imposed by the trial court. On an overall view of the facts and 3 (1984) 4 SCC 116 Criminal Appeal Nos. 1473-1474 of 2017 Page 20 of 30

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents