JUDGMENT : S. K. PALO, J. 1. This Criminal Reference No. 06/2015 is listed before this Court against the death penalty with fine of Rs. 2,000 dated 27-8-2015 to each of the appellants imposed by the 1st Additional Session Judge, Panna, District Panna in Session Trial No. 25/2013 recording a finding of guilt against the appellants for offence punishable under section 302 read with section 34, Indian Penal Code. The appellants are also convicted under section 376-D, Indian Penal Code and awarded life imprisonment to each convicted persons with fine of Rs. 2,000/-. In default of payment of fine, the appellants are to undergo two months rigorous imprisonment in each of the section. 2. The appellants are also held guilty under section 201 of the Indian Penal Code and sentenced to seven years rigorous imprisonment with a fine of Rs. 1,000/- each, in lieu of fine, they are to undergo additional rigorous imprisonment for one month each. 3. Criminal Appeal No. 2516/2015 has been filed by the appellants Rajesh Verma and Ram Sajeevan Verma being aggrieved by the aforesaid judgment, conviction and sentence. 4. As both the cases arise out of the same judgment, involved common issues, they are heard and being decided analogously. The appellants have prayed for allowing the appeal by setting aside the impugned judgment and to acquit them from the charges urging various facts and grounds. 5. The relevant facts in relation to the prosecution case are briefly stated are that on 8-5-2013 at about 9:30 P.M. Kamlesh (PW 3) the father of the victim approached Police Station Saleha and lodged a report to the effect that his daughter aged about ten years is found missing. The Assistant Sub-Inspector Kesari Prasad (PW 11) registered the missing report 0/13 which is Ex. P/5. On 13-5-2013 at about 10:00 a.m, Ram Khilawan, (PW 6) a resident of village Jamarai came to the Police Station Saleha and intimated the Police that a gunny bag was seen floating in his well, wherefrom evil smell is coming out. Sub-Inspector M. R. Bagen (PW 22) wrote the information at Sanha No. 396 marked as Ex.P/48. He went to the village to verify the information. He found a body floating in the well. The body was pulled out in presence of Panch witnesses and a panchnama Ex. Sub-Inspector M. R. Bagen (PW 22) wrote the information at Sanha No. 396 marked as Ex.P/48. He went to the village to verify the information. He found a body floating in the well. The body was pulled out in presence of Panch witnesses and a panchnama Ex. P/22 was drawn and also prepared a panchnama to the identification of the dead body marked as Ex. P/2 and recovery panchnama Ex. P/7. He also prepared spot map Ex. P/8, drawn a Dehati Nalishi Ex. P/50 and Merg Intimation Ex. P/49. Shri M. R. Bagen (PW 22) sent notice to the witnesses and prepared inquest report Ex. P/4. He also recovered two plastic cement bags, one litre water of the well in a plastic bottle, by drawing Ex. P/23. The body of the victim was sent for post-mortem vide Ex. P/51. Dehati merg Ex. P/49 and dehati nalishi P/50 was sent to Police Station Saleha. On the basis of this, ASI Keshari Prasad (PW 11) registered Merg Intimation No. 18/13 Ex. P/24 and registered Crime No. 55/13 on 13-5-2013. A team of doctors comprising Dr. Yogesh Yadav (PW 13), Dr. Smriti Gupta conducted a short post-mortem and prepared report Ex. P/33. They examined the dead body, furnished an elaborate post-mortem report which is Ex. (P/34). The medical team preserved viscera, collected femur bone of the left leg, prepared four vaginal slides and handed them to the constable of P.S Saleha. They also handed over the rope and clothes of the victim in sealed condition. These materials were seized by Kesari Prasad (PW 11) SI of Police Station Saleha on 14-5-2013. 6. The birth records of the victim was collected from Govt. Middle School, village Jamrai by the Investigation Officer vide seizure memo Ex. P/29. The statements of the witnesses were recorded during the course of investigation. M. R. Bagen (PW 22) had gone to the house of Dakhhan Verma the father of the accused Rajesh from where he observed evil smell coming out from the straw (fodder) stored in attari (a room in which fodder etc. are kept). Later, it was known that the dead body was allegedly kept there for sometime. He prepared panchnamas Ex. P/13 and P/14. Accused persons were arrested on 16-5-2013. Memorandums Ex. P/9 and Ex. are kept). Later, it was known that the dead body was allegedly kept there for sometime. He prepared panchnamas Ex. P/13 and P/14. Accused persons were arrested on 16-5-2013. Memorandums Ex. P/9 and Ex. P/10 were recorded and plastic cement bag, nylon rope, straw of wheat mixed with gram, terricott pant, terricott shirt were recovered from accused Rajesh. A terricott pant and a shirt were also recovered from accused Ramsajiwan as per seizure memos P/11 and P/12. The accused persons were sent for medical examination. Dr. Yogesh (PW 13) examined them on 16-5-2013 and prepared report Ex. P/35 and P/36. He also prepared semen slides of both the accused persons collecting their underwears and handed them over to the constable in sealed condition. Dr. Mahesh (PW 14) collected the blood samples of the accused persons after preparing identification forms on 16-6-2013 at District Hospital Panna and handed over the same to constable Rajkumar (PW 18). M. R. Bagen (PW 22) seized the blood samples as per Ex. P/47, on production of the same by Rajkumar (PW 18) on the same day. 7. The materials seized from spot, collected from Medical Officer, seized from the accused persons etc. in sealed conditions were sent for FSL examination through Superintendent of Police, Panna vide letter Ex. P/40 dated 16-6-2013. After receiving FSL report Ex. P/42, P/43 and P/44 as well as Ex. P/46, the police has filed the charge-sheet to set the criminal law in motion. 8. It would be appropriate to mention here that a third accused Manish Verma also said to be responsible for the crime. But Manish having found to be juvenile, charge-sheet against him was filed before the Juvenile Justice Board. 9. The learned trial Court after analyzing the evidence held the appellants guilty and sentenced them as stated above by the impugned judgment. 10. Learned counsel for the appellants has drawn our attention to various provisions and the statements of the prosecutrix witnesses stating that the prosecution has failed to establish the offence. He also referred to case laws of Tejinder Singh @ Kaka vs. State of Punjab reported as Laws (SC)-2013-4-38, Govindaraju @ Govinda vs. State reported in 2012 Legal Eagle (SC) 150 and judgment rendered by a co-ordinate Bench of this Court in Criminal Appeal No. 1292/2015 in the case of Phoolchand Rathore vs. State of M.P. decided on 11-12-2015. 11. He also referred to case laws of Tejinder Singh @ Kaka vs. State of Punjab reported as Laws (SC)-2013-4-38, Govindaraju @ Govinda vs. State reported in 2012 Legal Eagle (SC) 150 and judgment rendered by a co-ordinate Bench of this Court in Criminal Appeal No. 1292/2015 in the case of Phoolchand Rathore vs. State of M.P. decided on 11-12-2015. 11. Learned counsel for the appellants has drawn our attention to the statements of the prosecution witnesses and tried to convince us that the whole case is based on circumstantial evidence and the prosecution has failed to prove beyond reasonable doubt the guilt of the accused persons. The seizure memos have not been proved in accordance with the law and the FSL report has been found proved without examining the person who conducted the test. It is strongly contented that the court below has passed its findings on presumptions, surmises and conjectures, therefore, is liable to be set aside. He contended that as there is no direct evidence, the circumstantial evidence should be unimpeachable whereas no such unimpeachable evidence is available on record, therefore, the learned trial Court erred in holding the appellants guilty, is liable to be set aside. The learned counsel for the appellants has also argued that the appellants are young men of tender age and have no criminal record but without considering the above, the learned trial Court has imposed harsh and excessive sentence. 12. The age of the victim plays an important role in a criminal trial. Hon'ble the Supreme Court, in the case of Ashwani Kumar Saxena vs. State of M.P., AIR 2013 SC 553 , has held that in every case concerning a child or juvenile in conflict with law the age determination enquiry shall be conducted by the Court seeking evidence by obtaining (i) matriculation or equivalent certificate if available and in absence whereof (ii) the date of birth certificate from the School "other than a play school" the first attended and in the absence whereof (iii) birth certificate given by a Corporation or a Municipal Authorities or a Panchayat. 13. In the case of Jarnail Singh vs. State of Haryana, (2013) 7 SCC 263 , Hon'ble Supreme Court has made it clear that Rule 12 of the Juvenile Justice Act 2002 should be the basis for determination of age of the child victim as well as the child in conflict with law. 13. In the case of Jarnail Singh vs. State of Haryana, (2013) 7 SCC 263 , Hon'ble Supreme Court has made it clear that Rule 12 of the Juvenile Justice Act 2002 should be the basis for determination of age of the child victim as well as the child in conflict with law. In scheme contemplated under Rule 12 (b), it is not permissible to determine the age in any other manner. Therefore, the matriculation or equivalent certificate if available can be considered. In these options the date of birth certificate from the school other than a play school, the first attended may be taken into consideration. 14. Vishwanath Pratap Verma (PW 12) is the Headmaster, Government Secondary School, village Jamarai, who has issued the certificate Ex. P/27 on 6-8-2013, on the basis of the admission register of the school. The admission register is maintained by school in its normal course of business. This register Article 1 and Ex. P/28, is very relevant in this regard. Therefore, when this register is available, the date of birth of the victim may be safely held as entered in the record Ex. P/28, in which the date of birth of the deceased victim is mentioned as 2-7-2003. The incident took place on 8-5-2013, therefore, on the date of incident the exact age of the victim was ten years, ten months and seven days. Therefore, the learned trial Court has rightly held the victims' age as below ten years. 15. It would be essential to examine the circumstances which allegedly constituted the crime. It also indicates that the deceased victim girl used to visit the shop of accused Rajesh Verma to bring groceries and used to visit the house of accused Ramsajeevan for watching television, as has been stated by Rajkumari (PW 2). The dead body has been recovered from the well, which was identified by Heeralal (PW 4) the grandfather of the victim and mother of the deceased Rajkumari (PW 2). It could not have been an accidental death because the dead body was tied by nylon rope at the trunk and a thin rope of about 49 c.m was tied at the neck gave ligature mark. 16. The medical Officer Dr. Yogesh Yadav (PW 13) who performed the post-mortem of the deceased has opined that deceased has undergone sexual assault. In the short DNA report, Ex. P/33, Dr. Yogesh Yadav and Dr. 16. The medical Officer Dr. Yogesh Yadav (PW 13) who performed the post-mortem of the deceased has opined that deceased has undergone sexual assault. In the short DNA report, Ex. P/33, Dr. Yogesh Yadav and Dr. Smriti Gupta have opined that the deceased has undergone sexual assault. The vaginal walls separated about three fingers size. The interior and posterior fornices ruptured. In the post-mortem report Ex. P/36 also it was noted that vaginal introitus widely separated. Interior and posterior walls widely separated and hymen completely torn. Therefore, it seems that she had undergone sexual assault. The most probable cause of death was asphyxia due to strangulation. The viscera material was preserved and femur bone of leg was also kept for diatem test. The FSL report Ex. P/43 with regard to viscera show no chemical poison. The Medico Legal Institute, Bhopal submitted its report dated 21-6-2014 Ex. P/46, that the bone of the prosecutrix received from diatem test was found negative while water is found positive for diatem test. This medical evidence corroborates the prosecution case and we see no reason to disbelieve the evidence of the medical Officer and the FSL report. 17. After the accused persons were arrested including the juvenile in conflict with law, Manish Verma, they were medically examined. The medical Officer, Dr. Yogesh Yadav (PW 13) has stated that applicant Ramsajeevan was examined on 16-5-2013. The scratch marks on the central part of the back for a number of different sizes were found. He also examined appellant Rajesh and found old scar on left side of his left leg. These injuries are seven to ten days old. No exaplanation has been offered by the defence as to how these injuries were received by the accused persons. This has to be remembered that the incident took place on 8-5-2013 and the accused persons were medically examined on 16-5-2013. He did not found any symptom which would go to show that the accused persons could not perform sexual intercourse. He prepared "semen slides" and preserved their underwears, which were later handed over to the constable. The slides, sealed packets of underwears of accused persons were later seized from constable K. P. Singh (PW 9). The blood samples of accused persons were collected by Dr. Mahesh (PW 14) on 16-6-2013 at District Hospital, Panna in connection with Crime No. 55/2013 of P.S. Saleha for the purpose of DNA test. The slides, sealed packets of underwears of accused persons were later seized from constable K. P. Singh (PW 9). The blood samples of accused persons were collected by Dr. Mahesh (PW 14) on 16-6-2013 at District Hospital, Panna in connection with Crime No. 55/2013 of P.S. Saleha for the purpose of DNA test. The identification form of the accused persons and the blood samples were handed over to constable Rajkumar. These sealed blood samples were sent to DNA analysis to the Director, Medico Legal Department of Gandhi Medical College, Bhopal vide letter dated 16-6-2013 marked as P/40 along with Ex. P/41 indicating materials for test in sealed condition. 18. In the FSL report the plastic bags seized from the spot by Ex. Article A (i) and A (ii) and the plastic bags seized from the house of Rajesh Article (K) were found identical in every respect. The seized rope Ex. (L) from the possession of accused Rajesh was found identical in every respect to that of the rope tied up in the dead body marked as Ex. G (i) and G (ii). 19. The DNA report which is a scientific piece of evidence play an important role in recent days in detecting a crime more scientifically. The chain of custody, the complete record of biological evidence from the place of its extraction and up to presentation in the Court and its complete documentation at every stage is complete in the present case. Dr. Yogesh Yadav (PW 13) prepared vaginal smear slides of the deceased was sent for DNA analysis to FSL, Sagar along with the blood samples of accused persons collected by Dr. Mahesh (PW 14). The report of DNA finger printing unit, FSL Sagar is Ex. (P/52). It would be pertinent to mention here that under section 193, Criminal Procedure Code, these DNA finger prints are scientific reports and on 18-5-2015, the report has been admitted in evidence, therefore, marked as Ex. (P/52). The defence has not objected to the same. The objection of learned counsel for the appellants in the appellate stage is that the Officer who conducted DNA finger print has not been examined, has no force for the reason that no objection has been raised at the time of exhibiting the same. More so no challenge has been made to the seizures and no objection has been made to Dr. Yogesh Yadav (PW 13) and Dr. More so no challenge has been made to the seizures and no objection has been made to Dr. Yogesh Yadav (PW 13) and Dr. Mahesh (PW 14) as regarding the collection of the samples. The DNA test which can be considered as very scientific, conclusive proof. The DNA profile prepared from vaginal smear of deceased fully matched with the DNA of appellants Ramsajeevan, Rajesh and juvenile conflict with law Manish Verma. The matching of the mixed male DNA profile prepared from vaginal smear of deceased with DNA profile of the accused persons make it crystal clear that no other persons except the accused persons had committed rape with the victim prosecutrix, who aged under sixteen years. 20. The evidence of M. R. Bagen (PW 22) is very important to explain the circumstances. He justified that during the investigation of the crime, he went to the house of appellant Rajesh Verma and after search found straw wheat inside the house (attari) from where an evil smell was coming out. He prepared panchnama Ex. P/14 and evil smell panchnama P/13 in presence of Ramkhilawan (PW 6) and Ramesh Verma (PW 16). These witnesses have admitted their signatures in Ex. P/13 and P/14 and supported the version of M. R. Bagen (PW 22). On information of appellant Rajesh Verma, memorandum Ex. P/9 dated 16-5-2013 was prepared. On this information, a plastic cement bag bearing ISI mark and nylon rope of length of about 15 meters, straw of wheat mixed with gram, terricott pant and terricott shirt vide seizure memo Ex. P/11 was seized. On the basis of memorandum statement of appellant Ramsajeevan Ex. P/10 dated 16-5-2013, he recovered a terricott pant and full shirt by seizure memo P/12. Ramkhilawan (PW 6) and Ramesh Verma (PW 16) admitted the signatures in the memorandum and seizure. Ramesh Verma (PW 16) has supported the seizure and corroborated the evidence of M. R. Bagen (PW 22). However, they have not supported Ex. P/9 and P/10. But because, there is no inconsistency in the evidence of M. R. Bagen (PW 22), the learned trial Court did not disbelieve or reject the evidence of M. R. Bagen (PW 22). The matching of DNA profile and the matching of the rope and the bags seized from the house of appellant Rajesh with that of the bag and rope found with the dead body cannot be termed as a co-incidence. The matching of DNA profile and the matching of the rope and the bags seized from the house of appellant Rajesh with that of the bag and rope found with the dead body cannot be termed as a co-incidence. These are important pieces of evidence which on meticulous examination are corroborative evidence and cannot be overlooked. The vaginal smear and the blood samples of the appellants have been kept in proper custody and was sent for test without tampering. Therefore, cannot be questioned. 21. The recovery of the dead body of the deceased from the well covered in a cement plastic bag and the medical evidence show that the victim was subjected to sexual intercourse and was found that she was subjected to strangulation. Later the dead body was found in the well, has been proved by the prosecution by cogent, reliable and unimpeachable evidence. The materials collected from the spot as well as recovery from the house of appellant Rajesh were identical on the scientific reason. The DNA test report matching the DNA profile of appellant as well as the vaginal smear of the deceased are the circumstances which are definitely and unerringly point towards the guilt of the appellants. 22. Learned counsel for the appellants has repeatedly and strenuously argued about extra judicial confession and cited the case of Tejinder Singh @ Kaka vs. State of Punjab (supra). The same is of no avail in the present case as there is extra judicial confession in the present case. 23. Learned counsel for the appellants has submitted that the evidence of Police Officer cannot be relied upon. He relied upon Govindaraju @ Govinda vs. State (supra) in which it is held that "it is settled law that, it is not the number of witnesses that matters but it is the substance of evidence. Prosecution is not required to examine a large number of witnesses, if guilt of accused is brought home even by a limited number of witnesses." 24. As has been classified in cited judgment, witnesses can fall in one of the three categories, namely, wholly reliable; wholly unreliable; and, neither wholly reliable nor wholly unreliable. In last category, there should be a cautious approach and it should have to be seen that statement of such witnesses is corroborated, either by other witness or by other documentary or expert evidence." 25. In last category, there should be a cautious approach and it should have to be seen that statement of such witnesses is corroborated, either by other witness or by other documentary or expert evidence." 25. Perhaps, this citation is more suitable to the prosecution in the present case. The police officers and the witnesses who have examined, except the witnesses who have not supported the prosecution story i.e. Keshkali (PW 7), Rambhajan Chaurasia (PW 15) and hearsay witness Sanjay Verma (PW 20), the evidence of all other witnesses stood the test of cross-examination and evidence of these witnesses cannot be termed as unreliable, therefore, the same cannot be rejected. 26. In the present case, the test regarding the circumstantial evidence is fully meted out. In Sharad Birdhichand Sarda vs. State of Maharashtra, (1984) 4 SCC 116 , which was later followed in many other cases including in State of U.P. vs. Satish (2005) 3 SCC 114 , the Hon'ble Apex Court has laid down that when the case rests upon circumstantial evidence, such evidence must satisfy the following tests :- (i) The circumstances from which an inference of guilt is sought to be drawn, must be cogently and firmly established. (ii) Those circumstances should be of a definite tendency unerringly pointing towards guilt of the accused. (iii) The circumstances, taken cumulatively, should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused and none else; and (iv) The circumstantial evidence in order to sustain conviction must be complete and incapable of explanation of any other hypothesis than that of guilt of the accused and such evidence should not only be consistent with the guilt of the accused but should be inconsistent with his innocence. 27. The citation of Phoolchand Rathore (supra) is in different footing. In the present case, as circumstantial evidence is complete and is capable of explaining all other hypothesis than that of the guilt of the accused. The evidence in the present case, not only is consistent with the guilt of the accused but is inconsistent with the innocence of the appellants. It only gives rise the guilt of the appellants. There is no suspicion or conjectures but with legal proof produced by the prosecution it is clear, cogent and unimpeachable leads to sole conclusion of the guilt of the appellants. 28. It only gives rise the guilt of the appellants. There is no suspicion or conjectures but with legal proof produced by the prosecution it is clear, cogent and unimpeachable leads to sole conclusion of the guilt of the appellants. 28. We, therefore, have no hesitation in holding the appellants guilty of the offences and, therefore, upheld the judgment pronounced by the learned trial Court in so far as convicting the accused appellants. 29. The second aspect remains to be decided is whether it is a rarest of rare case in which the appellants are to be imposed death sentence? 30. Incontrovertibly, the judicial approach towards sentencing has to be cautious, circumspect and careful. The Courts at all stages of trial and appeal must therefore peruse and analyze the facts of the case and reach an independent conclusion which must be appropriately and cogently justified in the "reasons" or "special reasons" recorded by it for imposition of life imprisonment or death penalty. The length of the discussion would not be a touchstone for determining correctness of a decision. The test would be that reasons must be lucid and satisfy the appellate Court that the Court below has considered the case in toto and, thereafter, upon balancing all the mitigating and aggravating factors, recorded the sentence. 31. We are now adverting to the sentencing procedure prescribed by the law. Under section 235(2) of the Code, the Court on convicting an accused must unquestionably afford an opportunity to the accused to present his case on the question of sentence and under section 354(3) record the extraordinary circumstances with regard to the imposition of death sentence keeping in view the entire facts of the case and the submissions of the accused. In doing so, if, for any reason, it omits to do so or does not assign elaborate reasons and the accused makes a grievance of it before the higher Court, it would be upon to that Court to remedy the same by elaborate upon the said reasons. 32. In appropriate cases, this Court may opine to the contrary that the facts and circumstances of the case do not require imposition of capital punishment and the ends of justice would be achieved by a less harsh sentence, it could accordingly commute the sentence awarded by the courts below. 33. 32. In appropriate cases, this Court may opine to the contrary that the facts and circumstances of the case do not require imposition of capital punishment and the ends of justice would be achieved by a less harsh sentence, it could accordingly commute the sentence awarded by the courts below. 33. In the present case, the learned trial Court has recorded and discussed the submissions made by the appellants before passing the order of sentence. According to us, the mitigating facts and circumstances are as follows :- (i) The appellants are not hardcore criminals; (ii) They are not threat/menace to the society; (iii) They have no criminal antecedent; (iv) They are not anti-social elements; (v) The State has failed to prove that they are incapable of being reformed; (vi) There is a Global move to abolish death sentence. 138 countries have abolished death sentence, while 59 countries including India have retained death sentence (2009) 6 SCC 498 . (vii) Both the appellants Rajesh Verma and Ramsajeevan Verma were twenty one years old at the time of commission of offence, which may be said that they were young. There is every probability that the appellants can be reformed and rehabilitated. (viii) All four main objectives which State intends to achieve namely deterrence, retribution, prevention and reformation can be achieved by keeping the appellants alive. 34. Besides, the facts in toto and procedural impropriety, loomed large in exercising such discretion. 35. We are unable to accept the submissions made by the learned Panel Lawyer that the reasons mentioned by the trial Court while sentencing are sufficient to consider it as rarest of rare case and impose them death sentence. 36. The Hon'ble Apex Court in a catena of cases has consistently held that only in those exceptional cases where the crime is so brutal, diabolical and revolting so as to shock the collective conscious of the community, would it be appropriate to award "death sentence." Since such circumstances cannot be laid down as a straight jacket formula, it must be ascertained from case to case, the legislature has left it open for the Courts to examine the facts of the case and appropriately decide upon the sentence proportionately to the gravity of the offence. 37. 37. In Mohammad Chaman vs. State NCT of Delhi, (2001) 2 SCC 28 , the Hon'ble Apex Court in a case where the convict had raped a 1½ year child, who died as a result of unfortunate incident held that the crime committed was serious and heinous, the criminal had dirty and perverted mind and had no control over his carnal desire. Nevertheless, the Apex Court found it difficult to held that the criminal was such a dangerous person that to spare his life would endangerous the society, therefore, reduced the sentence to imprisonment for life. 38. In Sebastain vs. State of Kerala, (2010) 1 SCC 58 , the Hon'ble Apex Court has held that the criminal had raped and murdered a two year old child. He was found to be paedophile with "extremely violent propensities." He was earlier convicted for offence under section 354, Indian Penal Code for outraging the modesty of a woman. Subsequently, he was convicted for serious offence under section 302, 363 and 376 of Indian Penal Code. The Apex Court opined that the convict also appears to have been tried for murder of several other children but was acquitted in 2005 with benefit of doubt. Notwithstanding the nature of the offence, as well as "extremely violent propensities," the sentence of death awarded to him was reduced to imprisonment for the rest of his life. 39. In the case of Amit vs. State of U.P. reported as (2012) 4 SCC 107 in which a three year old child was subjected to rape, unnatural offence and murder. The Apex Court held that the convict was found guilty of causing the disappearance of evidence. The sentence of death awarded to him was reduced to imprisonment for life subjected to remissions. The Apex Court opined that there was nothing to suggest that he would repeat the offence and that the possibility of his reform over a period of years could not be ruled out. 40. The present case is based on circumstantial evidence and with some scientific evidence adduced by the prosecution, we have held the appellants guilty for the rape and murder of the victim. 40. The present case is based on circumstantial evidence and with some scientific evidence adduced by the prosecution, we have held the appellants guilty for the rape and murder of the victim. In a similar case Ronny vs. State, (1998) 3 SCC 625 , the Hon'ble Supreme Court, on facts, held that it is possible in a given set of facts that the Court might think even in a case where death sentence awarded, the same need not to be awarded because of the peculiar facts of that case like the possibility of one or more of the appellants being responsible for the offence, less culpable than the other accused. In such circumstances in the absence of there being no material available to bifurcate the case of each appellant, the Court might think it prudent not to award extreme penalty of death. But then such a decision would raise on the availability of the evidence in a particular case. Hon'ble the Supreme Court further held that "from the facts and circumstances, it is not possible to predict as to who among the three played which part. It may be that the role of one has been more culpable in degree than that of the others and vice versa. Wherein a case like this it is not possible to say as to whose case falls within "the rarest of rare" cases it would serve the ends of justice if the capital punishment commuted into life imprisonment." 41. On the basis of above decisions of the Hon'ble Apex Court and the factual position mentioned by us, the mitigating circumstances elaborately given by us, taking an over all view and considering the underlying principles of sentencing jurisprudence, we are of the considered opinion that the sentence awarded to the appellants should be commuted to life imprisonment till the rest of their life. 42. The property seized be destroyed after the appeal period is over. 43. The reference and the appeal are disposed of in the aforesaid terms.