JUDGMENT

K. JAYACHANDRA REDDY, J.:— Leave granted.

2. This is a case of death sentence. The fact that such a sentence is awarded even in the year 1990 would immediately suggest that the offence involved should be of a grave nature. Yes, the offence is not only grave but heinous and inhuman.

3. A girl aged five years was a victim of rape and thereafter murder. The sole appellant before us was tried, convicted and sentenced to death by the Sessions Court and confirmed by the High Court. It is a case depending entirely on circumstantial evidence, and the obvious contention is that the circumstantial evidence is wholly insufficient to bring home the guilt to the accused.

4. No doubt the offence is a shocking one but the gravity of the offence cannot by itself overweigh as-far as legal proof is concerned. Invariably in such cases a person last seen with the victim, unless otherwise there are circumstances prima facie exonerating him, would be the prime suspect but in the ultimate judicial adjudication suspicion, howsoever strong, cannot be allowed to take the place of proof. With that caution in mind we shall now proceed to examine the facts and circumstances as put forward and the various