JUDGMENT

B.N. Agrawal, J.-This appeal by special leave has been preferred against the judgment of Patna High Court confirming that of the sessions court whereby the appellant was convicted under Section 302 of the Indian Penal Code and sentenced to death and to pay a fine of Rs. 5000/- inasmuch as further convicted under Section 376 of the Indian Penal Code and sentenced to undergo simple imprisonment for life and to pay a fine of Rs. 5000/-.

2. The prosecution case in short is that on the morning of 27th July, 1995 at about 5 O clock the appellant, who was co-villager of Ram Sunder Jha (PW 3), the informant, came to his house on the pretext of taking tobacco from him. At that time, the appellant told Rita Kumari, daughter of the informant, that there were plenty of flowers in the orchard of Shobha Kant Mishra and asked her to go with him to the said orchard stating that he would also help her in plucking flowers and in this way enticed Rita Kumari for going to the said orchard. Thereafter, Rita Kumari went out of the house for plucking flowers followed by the appellant. At 6 A.M., some of the co-villagers came to the house of the informant and intimated him that dead body of his daughter, Rita Kumari, was lying in the jute field of Prabhu Mishra whereupon he along with them and his family members went there and found his daughter lying on the ground and her red undergarment removed from one of her legs. It was also noticed that there were white spots resembling semen around her genital organ and black marks of scratches around both sides of her neck. The flower basket with flowers was found scattered there and her chappals were seen at some distance. The informant and his companions having felt that Rita Kumari was unconscious, lifted and brought her to a nearby well belonging to one Jai Narain Mishra where water was poured on her whereafter only it transpired that she was already dead as she did not regain consciousness. The dead body of Rita Kumari was brought by the informant to his house. Stating the aforesaid facts, fard-beyan of the informant was recorded at his house by the Officer-in-charge of Pratap Ganj Police Station on the same day at 11 A.M. wherein it was also alleged that the appellant enticed her daughter, committed rape upon her and killed her by pressing the neck.

3. During the trial the prosecution examined 10 witnesses in all to prove the circumstances against the appellant as undisputedly there is no direct evidence to show his complicity with the crime. Upon the completion of trial, the appellant having been convicted by the trial court, as stated above, and the said conviction having been confirmed by the High Court, the present appeal by special leave is before us.

4. The circumstances which weighed with the two courts below in convicting the appellant may be enumerated hereunder :

I. The appellant came to the house of the informant on the date of the occurrence at 5 O clock in the morning on the pretext of taking tobacco from him, met him and his daughter, Rita Kumari, enticed her to go to the orchard of Shobha Kant Mishra for plucking flowers on Madhu Srawani day for being used by elder daughter of the informant, who was newly married, for performing puja.

II. The appellant left the house of the informant along with Rita Kumari for the orchard.

III. The appellant and the deceased-Rita Kumari were seen going towards the orchard.

IV. The appellant and the deceased were seen in the field of Shobha Kant Mishra plucking flowers.

 V. The appellant was seen fleeing away in the vicinity of the jute field immediately after the alleged occurrence.

VI. Immediately after the alleged occurrence, the appellant absconded from his house and surrendered in court only after about a month of the alleged occurrence.

5. It is a well established rule in criminal jurisprudence that circumstantial evidence can be reasonably ma