The court ruled that evidence must consistently establish guilt, and circumstantial evidence alone cannot justify a death sentence without clear and compelling justification for extreme culpability.

1. Heard Mr. A.I. Uddin, learned counsel for the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the state of Assam, as well as Mr. K. A. Majumdar, learned counsel for the informant. Also heard Mr. T. J. Mahanta, learned senior counsel, who has been appointed as Amicus Curiae to assist this Court in Death Sentence Reference No. 3/2018, he is assisted by Mr. T. Gogoi, Advocate.

2. By this common judgment, we propose to dispose of the Criminal Appeal No. 389/2018 as well as to answer the Death Reference made by the trial court under Section 366 of the Code of Criminal Procedure, 1973.

3. The Criminal Appeal No. 389/2018 has been registered on filing of an appeal under Section 3 74 of the Code of Criminal Procedure, 1973 by the appellant, Jashim Uddin Barbhuiya, impugning the judgment dated 1.10.2018 passed by the learned Sessions Judge, Hailakandi in Sessions (T-1)Case No. 60/2018, whereby the present appellant has been convicted under Sections 3 76 /302 of the INDIAN PENAL CODE as well as under Section 4 of the POCSO Act, 2012, and by order dated 04.10.2018, the appellant has been sentenced to imprisonment for life for the offence of committing rape/penetrative sexual assault and to pay a fine of Rs. 10,000/- under Section 3 76 of the INDIAN PENAL CODE , read with Section 4 of the POCSO Act, 2012, in default of payment of fine to undergo rigorous imprisonment for 3 months. The appellant has also been sentenced to death for committing the offence of murder under Section 3 02 of the INDIAN PENAL CODE , and was also sentenced to pay a fine of Rs. 10,000/-under Section 3 02 of the INDIAN PENAL CODE , in default of payment of fine to undergo rigorous imprisonment for 3 months.

4. By the order dated 04.10.2018, the trial court has, under Section 366 of the Code of Criminal Procedure, 1973, submitted the proceedings of Sessions (T-1) Case No. 60/2018, to this Court, for confirmation of the sentence of death imposed on the present appellant.

5. On receipt of the proceedings of Sessions (T-1) Case No. 60/2018, the Death Reference Case No. 03/2018 has been registered.

6. The facts relevant for consideration of the Criminal Appeal Case No. 389/2018 as well as for answering the Death Reference Case No. 03/2018, in brief, are as follows:

i. On 14.03.2018, one Madhuchandra Riyang lodged an FIR before the Officer in Charge of Ramnathpur Police Station, inter-alia, alleging that on this said day, i.e., 14.03.2018, his neighbour, Brojendra Riyang and the first informant were doing house repairing work and his two nieces, namely, Vishnupriya Riyang and Debarung Riyang, returned to their house and noticed another niece “X”(real name not disclosed, to protect the identity of the victim, the victim shall hereinafter be referred to as “X” in this judgment) was found lying dead with a cut on her neck and on seeing this they raised hue and cry. The first informant along with his companion Brajendra Riyang rushed to the place of occurrence and found his niece “X” lying dead with a cut on her neck. It is stated in the FIR that the elder brother of the first informant had gone to harvest Jhum (shifting cultivation), and after calling him home, the police was informed about the matter over the telephone. It is also stated in the FIR that the first informant noticed the accused Jashim Uddin Barbhuiya, r