JUDGMENT

HANSARIA, J. :- The extremely shocking nature of the case as put forward by the prosecution and accepted by the High Court- the same being attempted rape on a young girl which is protested, followed next day by setting of the girl to fire by pouring kerosene on her and on rescue effort being made to bolt the door from outside because of which the burn injuries ultimately lead to her death; and all these by taking undue advantage of the fiduciary capacity as the father of the girl, a tenant of the accused, had left her and his young boy in the care and custody of the latter during formers temporary absence led us to issue a notice of enhancement in this appeal as the sentence awarded for the conviction under section 302 of the Indian Penal Code by the High Court, on reversing the order of acquittal passed by the trial court, was imprisonment for life, whereas we felt that, if the prosecution case be true, the sentence to be awarded should be the extreme visualised by Section 302, i.e. the sentence of death. But having heard learned counsel for the parties we have come to the conclusion that far from enhancing the punishment, the appellant deserves to be acquitted.

2. We have