"We have no hesitation in dismissing the appeal. The appellant has been rightly convicted for the offences under Section 302 (murder) and 376 (rape) of the IPC.
"On the quantum of punishment as far as under Section 376 IPC is concerned, we do not see any reason to interfere. The appeal fails and is hereby dismissed. Conviction and sentence are confirmed," Justices Sanjiv Khanna and S P Garg said.
The five-year-old victim was taken away by accused Sanjay Kumar on the morning of August, 2003 to meet his niece Diksha, who was her friend.
The girl was raped and strangled by the accused who was caught in his house where she was found naked and unconscious, the FIR said, adding that she was later declared dead at a hospital here.
The court lent credence to the testimonies of the parents of the victim and two others to hold that it was the accused who had taken the victim on the pretext of allowing her to meet his niece.
It also referred to the medical evidence, including post mortem report of the victim and DNA profiling report of the accused which proved that the little girl was raped and strangled.
"In view of the post-mortem report, we are not inclined to accept the submission of the appellant that there was no evidence or material on record to show that offence under Section 376 was not made out...," it said.
The testimonies (of parents and two others) are also "credible, trustworthy and clearly state the truth", it said.
