The court said the medical report suggested that the victim was subjected to sexual intercourse before her death but the vaginal swab containing semen could not be connected with the accused as he could not give his semen sample for matching.
It also refused to award death penalty to Bihar native Shivji Singh saying though he was involved in five other similar cases, he has not been convicted in any other matter so far. The case does not fall in the category of rarest of rare, the court said.
"Postmortem report says that the deceased had a fissure on her anal region. The vaginal swab of the prosecutrix was found containing semen. The semen, however, could not be connected with the accused as he could not give his semen despite efforts.
"The doctor concerned, however, has not categorically stated that he was incapable of having sexual intercourse," Additional Sessions Judge Anuradha Shukla Bhardwaj said.
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Singh was held guilty for the murder of the girl, who was residing with the convict's nephew in the same house, and was sentenced to rigorous life imprisonment.
The court also imposed a fine of Rs 50,000 on Singh.
According to the police, the girl was found murdered in her Pandav Nagar house in October, 2009. When the police team reached the spot, the door of the flat was closed from inside.