JUDGMENT

D.P. Mohapatra, J.-Mohd. Chaman, the accused in Sessions Case No.134 of 1996 (State v. Mohd. Chaman) has filed these appeals by special leave challenging the judgment passed by the High Court of Delhi in Murder Ref. No. 5/97 and Crl. Appeal No.305/97 confirming sentence of death passed against him by the Additional Sessions Judge, Shahdara, Delhi. This court, by the order dated 22.1.99 granted leave confined to the question of sentence and further directed execution of death sentence be stayed during pendency of the appeal. Thus the matter to be considered in the case relates to sentence only.

2. The question for determination is whether, on the facts and in the circumstances appearing from the materials on record the trial Court and the High Court were right in imposing death sentence against the appellant. The answer to this question depends on the finding whether the case can be classified as a rarest of rare cases for imposition of the maximum penalty of death.

3. The facts of the case relevant for the determination of the question may be stated thus :

The appellant Mohd. Chaman was aged thirty years at the time of the incident and the victim girl - Kumari Ritu (deceas