Judgment

CHANDRACHUD, CJI.:- The appellant Shankarlal Gyarasilal Dixit who is 30 years of age, was convicted by the learned Additional Sessions Judge, Akola, for offences under Sections 376 and 302 of the Indian Penal Code on the charge that on December 10, 1978 he raped a five-year old girl called Sunita and thereafter committed her murder. He was sentenced to rigorous imprisonment for 7 years for the offence of rape and to death for the offence of murder. The order of conviction and sentence having been confined by a Division Bench of the Bombay High Court by its judgment dated February 27-28, 1980, he has filed this appeal by special leave.

2. The appellant lives in a locality called Marwadipura. in the town of Karanja, District Akola. His house is situated near a temple called Gopal Mandir, and a little beyond the temple is a public well. Ramrao Wagh, the father of the deceased Sunita, use to, reside in a house near about the well.

3. On December 10, 1978 at about 10-30 a. m., Sunitas mother, Renukabai, went to the well for fetching water. Sunita accompanied her. Renukabai returned after a little while but Sunita, who was playing with some children, stayed back. She did not come h