In this case, the accused was convicted of the rape and murder of a three-year-old girl. In review, a three-judge bench commuted his sentence to life imprisonment. Invoking Bachan Singh, the Court observed that it was required to consider the probability of reform and rehabilitation and not its possibility or its impossibility… ‘it is the obligation on the prosecution to prove to the court, through evidence, that the possibility is that the convict cannot be reformed or rehabilitated’. The Court also held that mere pendency of one or more criminal cases against a convict cannot be a factor for consideration while awarding sentence.